January 25
Trajan Shipley
13th January 2021
Justice & Litigation

Court of Justice: EAWs not based on national arrest warrants or similar enforceable judicial decisions are invalid

The Court of Justice has delivered its judgment in MM (C-414/20 PPU), a request for an urgent preliminary ruling in a case where the European Arrest Warrant (EAW) issued for the defendant was called into question. The Court confirmed that for an EAW to be valid, it must be based on a ‘national arrest warrant’ or a judicial decision that produces equivalent legal effects.

In the main proceedings leading to the case, the issuing authority (the Bulgarian public prosecutor), issued an EAW on the basis of a court order that placed the defendant under investigation, but did not order his arrest or any further actions. Following the defendant’s arrest in Spain and his surrender to Bulgarian authorities, he challenged the validity of the


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