The Court of Justice of the European Union can not provide for a national authority to refuse to execute the arrest warrant. The judicial authorities of the Member States are obliged to decide on all European arrest warrants, the court of the European Union has been advised by the EU Advocate General on Wednesday.
The precedent is that criminal proceedings against a Hungarian citizen, identified by the Advocate General as A. Y. monogram, have been prosecuted in Croatia. According to suspicion, he agreed with a senior Croatian official to pay a large sum of money for the contract between the Hungarian company he represented and the Croatian government. The Croatian authorities issued a European Arrest Warrant, the execution of which was denied by the Hungarian judicial authorities on the grounds that criminal proceedings had been initiated in Hungary for the act, which has since been abolished.
The Croatian court issuing a European Arrest Warrant is expecting guidance from the EU court regarding the rights and obligations of the Hungarian authorities.
In the opinion of Advocate General Maciej Szpunar, there is no need for the EU judicature to answer the question of whether the executing national authorities may refuse to execute the arrest warrant in order to carry out the proceedings of the Croatian court. He added that it is up to the national courts to decide whether or not to retain the European arrest warrant.
According to the court’s information, the Advocate General has emphasized in his motion that an authority issuing a European Arrest Warrant can not replace a single national executive authority and therefore can not submit questions to the Union judiciary that only the executing authority is entitled to ask.
It is for the Advocate-General of the Union to act, in an impartial and independent manner, to submit a proposal for a legal solution to the case before the EU Court. His opinion does not bind the court, but the final judgment coincides with the majority of cases.