Minister for Justice and Equality v. OG and PI, Joined Cases C‑508/18 and C‑82/19, CJEU (Grand Chamber), 27 May 2019

Judicial cooperation in criminal matters. European arrest warrant. Issuing judicial authority. Independence of the judiciary from the executive branch.

2002/584/JHA: Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States

The concept of an ‘issuing judicial authority', within the meaning of Article 6(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member must be interpreted as not including public prosecutors’ offices of a Member State which are exposed to the risk of being subject, directly or indirectly, to directions or instructions in a specific case from the executive, such as a Minister for Justice, in connection with the adoption of a decision to issue a European arrest warrant.

The concept of an ‘issuing judicial authority', within the meaning of Article 6(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member must be interpreted as not including public prosecutors’ offices of a Member State which are exposed to the risk of being subject, directly or indirectly, to directions or instructions in a specific case from the executive, such as a Minister for Justice, in connection with the adoption of a decision to issue a European arrest warrant.

The Luxembourg Court gave a preliminary ruling on the request submitted by the Irish High Court, which was called upon to evaluate the execution of the arrest warrant issued by the German public prosecutor’s office, which is subject to an administrative hierarchy headed by the Minister for Justice.