Category Archives: Recent Case Law

Decision of the ECHR in Melvin West v. Hungary

In Melvin West v. Hungary (decision, 25.6.2019) the ECHR confirms that Article 6 of the Convention does not apply to the procedure for the execution of a European Arrest warrant but that, by virtue of Article 5 § 1 f) of the Convention, any detention with a view to transferring the person concerned to the issuing Member State has to be in compliance with the relevant domestic and European Union law, which it is primarily for the national authorities to interpret. Moreover, Article 5 prohibits any transfer of a person to a country where he or she would be exposed to a real risk of a flagrant breach of this provision. Finally, the ECHR reiterates that there is no basis under Article 8 of the Convention for a convicted person to avoid having to serve a prison sentence in a foreign country.

Judgment of the ECHR in Romeo Castaño v. Belgium

In Romeo Castaño v. Belgium (9.7.2019) the ECHR confirms the applicability of Article 3 of the Convention to the execution by EU Member States of a European Arrest Warrant but extends its scrutiny to Article 2 of the Convention in cases where a European Arrest Warrant has been issued with a view to enabling criminal proceedings for homicide in the issuing State to go ahead. In such cases, Article 2 imposes on the executing State an obligation to cooperate with the issuing State in facilitating those criminal proceedings, notably by transferring the person who is the subject of the European Arrest Warrant, without however ignoring the limits to such a transfer flowing from Article 3 of the Convention. Any refusal of a transfer on this ground should therefore be duly reasoned by reference to updated and individualised information.

Judgment of the ECHR in Repcevirag Szövetkezet v. Hungary

In Repcevirag Szövetkezet v. Hungary (30.4.2019) the ECHR examines whether the Kúria breached Article 6 of the Convention by refusing to request a preliminary ruling by the CJEU in proceedings relating to an action in tort against Hungary for infringement of European Union law (Köbler case-law).

Judgment of the CJEU in the case of Jawo v. Bundesrepublik Deutschland

In Jawo v. Bundesrepublik Deutschland (19.3.2019) the CJEU inter alia further specifies the impact of Article 4 of the EU-Charter on the execution of the Dublin Regulation and draws on the M.S.S. v. Belgium and Greece judgment of the ECHR. It also describes the relationship between systemic deficiencies in the asylum procedure of a Member State and the requirement of an individual assessment of the situation of asylum seekers.

Judgment of the ECHR in Harisch v. Germany

In Harisch v. Germany (11.4.2019) the ECHR assesses compliance with Article 6 of the Convention of the failure by the Federal Court of Justice (BGH), in the context of its examination of a refusal of leave to appeal, to give reasons for its refusal to request a preliminary ruling from the CJEU (Art. 267 TFEU).