20Contrary to what the Belgian and Spanish Governments and the Procureur-generaal argue, the fact that the present indicative is used in Article 2(2) of Framework Decision 2002/584 does not support the conclusion that the version of the law of the issuing Member State to be taken into account to that end is the one in force at the time the European arrest warrant was issued. As the Advocate General noted in points 33 and 42 of his Opinion, first, the present indicative is commonly used in legislation to express the mandatory nature of a provision and, second, Article 2(2) concerns both those European arrest warrants issued for the purpose of prosecution and, thus, at a time when the offence at issue has not yet been punished, and those issued for the purpose of executing a custodial sentence. It is therefore impossible to infer any indication whatsoever from the use of the present indicative in that provision as to the version of the law of the issuing Member State that is relevant for assessing the conditions of application of that provision.
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