WEEK 5 - THE AREA OF FREEDOM, SECURITY AND
JUSTICE
READING
Literature
• Kaczorowska, European Union Law (2016), Chapter 32 (the area of freedom, security
and justice) (available online via University Library > Catalogue)
Legislation and cases
• Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the
Surrender Procedures between Member States, amended by Council Framework
Decision 2009/299/JHA of 26 February 2009 (European Arrest Warrant).
• Case C-399/11 (Melloni).
• Joined Cases C-404/15 and C-659/15 PPU Aranyosi and Căldăraru
Seminar questions
QUESTION 1
a) Which policy areas does the Area of Freedom, Security and Justice encompass? Border
checks, visas, asylum and immigration; judicial cooperation in civil matters; judicial
cooperation in criminal matters; police cooperation.
b) The Tampere European Council (1999) endorsed the principle of the mutual
recognition of judicial decisions as the foundation of judicial cooperation in both civil and
criminal matters. What does this principle entail? Mutual recognition is a regulatory
technique aimed at achieving an objective sought at EU level without the need to
harmonize Member States’ legislation and, thus, national law and its peculiarities are
maintained. It entails that a Member State will recognize a judgment, or other similar
instrument delivered by the relevant authorities of another Member State, in accordance
with the laws and regulations of the Member State where the recognition is sought.
Mutual recognition is about member states recognizes the judgments of the courts and
national authorities of other member states. It is broader than only judicial decisions.
The court you want to go to needs to have jurisdiction.
, QUESTION 2
Mr. Lassange, a French citizen, has been living in Germany since 2006. In 2010 he attends
a seminar in Bucharest on “War and Social Media”. Mr. Lassange is one of the keynote
speakers of the seminar. Mr. Lassange had arranged in advance that he could stay in the
apartment of one of the organizers of the seminar, Miss Annika. That night Mr. Lassange
and Miss Annika, reportedly had sex. The day after Mr. Lassange returns to Germany. A
few months later a Bucharest Court sentenced Mr. Lassange in absentia to 10 years’
imprisonment for rape. No summon was served because the Romanian authorities were
not aware of Mr. Lassange whereabouts. The Prosecutor’s Office of Bucharest issued an
European Arrest Warrant against Mr. Lassange for the execution of that sentence. Mr.
Lassange gives himself up to the Hamburg Police and is taken into a surrender hearing at
the Court of Hamburg. Before the Court of Hamburg Mr. Lassange argues that he was not
aware of the proceedings in Romania. He believes his right of defense has been
infringed. The decision of sentence has not yet been served to him in anyway. For this
question, please consider that both Romanian and German laws faithfully and integrally
have transplanted the Consolidated version of the Council Framework Decision on the
European Arrest Warrant. So national laws reproduce the provisions of this Framework
Decision.
a) Is it possible for Romania to issue a European Arrest Warrant for Mr. Lassange?
Art. 1(2) of the Council Framework Decision of 13 June 2002 on the European Arrest
Warrant and the Surrender Procedures between Member States states that member
state shall execute any European arrest warrant on the basis of the principle of mutual
recognition and in accordance with the provisions of this Framework Decision. So,
Romania would have to execute the European Arrest Warrant.
Look at the conditions of art. 2(1) of the Council Framework on the European Arrest
Warrant: decide which stage we are in. In this case it is after judgment, so it must be at
least 4 months. In this case the sentence is 10 years, so they met the requirement.
Look at the condition of art. 2(2) of the Council Framework; the crime needs to be listed
in this article. Rape is listed in this list, so the requirement is met. If the crime is not on
the list, surrender may be subject to the condition that the acts for which the European
arrest warrant has been issued constitute an offence under the law of the executing
member state, whatever the constituent elements or however it is described. If the
crime is not listed, the execution of the arrest warrant may be subject to the condition
that the crime is seen as a crime under the law of the executing member state.
Romania can issue a European Arrest Warrant for Mr. Lassange.
b) Is Germany obliged to surrender Mr. Lassange on the ground of the issued European
Arrest Warrant?
In principle, Germany is obliged to surrender Mr. Lassange on the ground of the issued
JUSTICE
READING
Literature
• Kaczorowska, European Union Law (2016), Chapter 32 (the area of freedom, security
and justice) (available online via University Library > Catalogue)
Legislation and cases
• Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the
Surrender Procedures between Member States, amended by Council Framework
Decision 2009/299/JHA of 26 February 2009 (European Arrest Warrant).
• Case C-399/11 (Melloni).
• Joined Cases C-404/15 and C-659/15 PPU Aranyosi and Căldăraru
Seminar questions
QUESTION 1
a) Which policy areas does the Area of Freedom, Security and Justice encompass? Border
checks, visas, asylum and immigration; judicial cooperation in civil matters; judicial
cooperation in criminal matters; police cooperation.
b) The Tampere European Council (1999) endorsed the principle of the mutual
recognition of judicial decisions as the foundation of judicial cooperation in both civil and
criminal matters. What does this principle entail? Mutual recognition is a regulatory
technique aimed at achieving an objective sought at EU level without the need to
harmonize Member States’ legislation and, thus, national law and its peculiarities are
maintained. It entails that a Member State will recognize a judgment, or other similar
instrument delivered by the relevant authorities of another Member State, in accordance
with the laws and regulations of the Member State where the recognition is sought.
Mutual recognition is about member states recognizes the judgments of the courts and
national authorities of other member states. It is broader than only judicial decisions.
The court you want to go to needs to have jurisdiction.
, QUESTION 2
Mr. Lassange, a French citizen, has been living in Germany since 2006. In 2010 he attends
a seminar in Bucharest on “War and Social Media”. Mr. Lassange is one of the keynote
speakers of the seminar. Mr. Lassange had arranged in advance that he could stay in the
apartment of one of the organizers of the seminar, Miss Annika. That night Mr. Lassange
and Miss Annika, reportedly had sex. The day after Mr. Lassange returns to Germany. A
few months later a Bucharest Court sentenced Mr. Lassange in absentia to 10 years’
imprisonment for rape. No summon was served because the Romanian authorities were
not aware of Mr. Lassange whereabouts. The Prosecutor’s Office of Bucharest issued an
European Arrest Warrant against Mr. Lassange for the execution of that sentence. Mr.
Lassange gives himself up to the Hamburg Police and is taken into a surrender hearing at
the Court of Hamburg. Before the Court of Hamburg Mr. Lassange argues that he was not
aware of the proceedings in Romania. He believes his right of defense has been
infringed. The decision of sentence has not yet been served to him in anyway. For this
question, please consider that both Romanian and German laws faithfully and integrally
have transplanted the Consolidated version of the Council Framework Decision on the
European Arrest Warrant. So national laws reproduce the provisions of this Framework
Decision.
a) Is it possible for Romania to issue a European Arrest Warrant for Mr. Lassange?
Art. 1(2) of the Council Framework Decision of 13 June 2002 on the European Arrest
Warrant and the Surrender Procedures between Member States states that member
state shall execute any European arrest warrant on the basis of the principle of mutual
recognition and in accordance with the provisions of this Framework Decision. So,
Romania would have to execute the European Arrest Warrant.
Look at the conditions of art. 2(1) of the Council Framework on the European Arrest
Warrant: decide which stage we are in. In this case it is after judgment, so it must be at
least 4 months. In this case the sentence is 10 years, so they met the requirement.
Look at the condition of art. 2(2) of the Council Framework; the crime needs to be listed
in this article. Rape is listed in this list, so the requirement is met. If the crime is not on
the list, surrender may be subject to the condition that the acts for which the European
arrest warrant has been issued constitute an offence under the law of the executing
member state, whatever the constituent elements or however it is described. If the
crime is not listed, the execution of the arrest warrant may be subject to the condition
that the crime is seen as a crime under the law of the executing member state.
Romania can issue a European Arrest Warrant for Mr. Lassange.
b) Is Germany obliged to surrender Mr. Lassange on the ground of the issued European
Arrest Warrant?
In principle, Germany is obliged to surrender Mr. Lassange on the ground of the issued
