Court of Justice of the European Union
CJEU Case Law on Extradition & EAW
The most relevant judgments of the Court of Justice of the European Union on the European Arrest Warrant, mutual recognition, fundamental rights, and surrender proceedings within the EU.
27
EU Member States bound by the EAW Framework Decision
2002
Year the EAW Framework Decision was adopted
Art. 1(3)
Key provision on fundamental rights limits to mutual recognition
CJEU Case Law
2 casesRugu— C‑722/23 and C‑91/24
03/06/2026
A Member State that refuses to execute a European Arrest Warrant because of the conditions of detention in the issuing Member State must take all possible steps to ensure that the custodial sentence is enforced in its own territory
CJEU
Kamekris— C-219/25 PPU
19/06/2025
Article 67(3) and Article 82(1) TFEU must be interpreted as not requiring a Member State to refuse to extradite a national of another Member State to a third country where the authorities of a third Member State have previously refused to execute an extradition request from that third country concerning the enforcement of the same sentence imposed on that national of another Member State, due to the existence of a serious risk of infringement of the fundamental rights guaranteed by Article 19(2) and the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union.
CJEUExtradition request from a third country