C.J (C-305/22)

Judgment of 4 Sept 2025

law://eu/cjeu/2022/c-305-22/para_72@2026-11-12

72Accordingly, where an executing judicial authority intends to refuse, on the basis of the ground for optional non-execution provided for in Article 4(6) of Framework Decision 2002/584, to execute a European arrest warrant, the competent authority of the issuing State may refuse such forwarding if it considers, on the basis of objective circumstances, that the sentence will not actually be enforced in the executing State or that enforcement of that sentence in that State will not contribute to the objective of social rehabilitation of the requested person upon expiry of the custodial sentence imposed on him or her. The issuing judicial authority may still refuse that forwarding on the basis of considerations relating to the criminal policy of the issuing State.

C.J (C-305/22)

History · 1 version

Key facts

Connections