Judgment_paragraph 21 · Daniel Adam Popławski (C-579/15)

21It is clear from the actual wording of Article 4(6) of Framework Decision 2002/584, as the Advocate General stated in point 30 of his Opinion, that, where a Member State chose to transpose that provision into domestic law, the executing judicial authority must, nevertheless, have a margin of discretion as to whether or not it is appropriate to refuse to execute the EAW. In that regard, that authority must take into consideration the objective of the ground for optional non-execution set out in that provision, which, according to the Court’s settled case-law, means enabling the executing judicial authority to give particular weight to the possibility of increasing the requested person’s chances of reintegrating into society when the sentence imposed on him expires (see, to that effect, judgment of 5 September 2012, Lopes Da Silva Jorge, C‑42/11, EU:C:2012:517, paragraph 32 and the case-law cited).

Daniel Adam Popławski (C-579/15)

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