Analysis: “The Court of Justice in MM: a valid EAW must be based on a coercive decision” by Anna Mosna

Five days ago, the Court of Justice (CJEU) handed down its judgment in the case MM (C-414/20 PPU). As already indicated in the News update published on EU Law Live on 13 January 2021, the CJEU delivered a preliminary ruling with regard to three preliminary questions raised by the Bulgarian Specialised Criminal Court concerning the interpretation of provisions included in the Framework Decision 2002/584/JHA on the European Arrest Warrant (FD EAW).

First, the Court confirmed the classification of Bulgarian public prosecutors as ‘issuing judicial authorities’ pursuant to Article 6(1) FD EAW in light of its previous jurisprudence and in particular of OG and PI (C-508/18 and C-82/19 PPU, paragraphs 51 and 74; see MM, paragraphs 43-44).