OPINION OF ADVOCATE GENERAL
RICHARD DE LA TOUR
delivered on 12 December 2024 (1)
Case C‑305/22
C.J.
Criminal proceedings
(Request for a preliminary ruling from the Curtea de Apel Bucureşti (Court of Appeal, Bucharest, Romania))
( Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant for the purposes of enforcing a custodial sentence – Ground of optional non-execution of the European arrest warrant – Undertaking on the part of the executing Member State to enforce the custodial sentence imposed on the requested person – Framework Decision 2008/909/JHA – Mutual recognition of judgments in criminal matters for the purpose of their enforcement in another Member State – Lack of consent of the issuing Member State – Right of the issuing Member State to enforce the sentence itself – Maintenance of the European arrest warrant – Obligation of the executing judicial authority to execute the European arrest warrant )
and
Case C‑595/23 [Cuprea] (i)
EDS
Criminal proceedings
other party:
Procura generale presso la Corte d’appello di Napoli
(Request for a preliminary ruling from the Corte d’appello di Napoli (Court of Appeal, Naples, Italy))
( Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – European arrest warrant for the purposes of enforcing a custodial sentence – Refusal to surrender – Article 4(6) – Ground for optional non-execution – Framework Decision 2008/909/JHA – Mutual recognition of judgments in criminal matters – Article 8, Article 22(1) and Article 25 – Enforcement of a sentence following a European arrest warrant – Possible obligation of the issuing Member State to withdraw that warrant – Regulation (EU) 2018/1862 – Schengen Information System (SIS) – Article 26(1), Article 27(1), Article 53(1), Article 55(1) and Article 59(1) and (3) – Possible obligation of the issuing Member State to delete the alert entered in the SIS relating to the requested person )