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.