Briefly Noted

Extract

On October 15, 2019, a Grand Chamber of the Court of Justice of the European Union (CJEU) issued its judgment in case C-128/18 Dumitru-Tudor Dorobantu, a case concerning the interpretation of Article 4 of the Charter of Fundamental Rights of the European Union and Council Framework Decision 2002/584/JHA of June 13, 2002, on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of February 26, 2009. Article 4 of the Charter provides for the prohibition of torture and inhuman or degrading treatment or punishment and, under Article. Article 4 of the Charter is to have the same meaning and scope as Article 3 of the European Convention on Human Rights. The case involved the issuance of an arrest warrant for Mr. Dorobantu by a Romanian judicial authority to German authorities, as Mr. Dorobantu resided in Hamburg. Prior to executing the warrant, the German court referred a number of questions to the CJEU for a preliminary ruling concerning material conditions of detention and how to assess whether such conditions comply with EU fundamental rights guarantees. The CJEU ruled effectively that requested judicial authorities must suspend execution of an arrest warrant until they have been provided with sufficient evidence to demonstrate whether or not the fundamental rights of the person in question are in actual danger of being infringed.