Judgment_paragraph 49 · O. G. v Presidente del Consiglio dei Ministri (C-700/21)

49Where the executing judicial authority finds that both of the abovementioned conditions recalled in paragraph 46 of this judgment have been satisfied, it must then ascertain whether there is a legitimate interest to justify the sentence imposed in the issuing Member State being enforced on the territory of the executing Member State. That assessment allows that authority to take account of the objective pursued by Article 4(6) of Framework Decision 2002/584 which consists, according to well-established case-law, of increasing the requested person’s chances of reintegrating into society when the sentence imposed on him or her expires (judgment of 13 December 2018, Sut, C‑514/17, EU:C:2018:1016, paragraphs 33 and 36 and the case-law cited). Union citizens and third-country nationals who satisfy the first condition set out in paragraph 47 of this judgment are likely to have, subject to the checks which the executing judicial authority must make, comparable chances for social rehabilitation if, when they are the subject of a European arrest warrant for the purposes of executing a custodial sentence or detention order, they serve their sentence or are detained in the executing Member State.