The Framework Decision on the European Arrest Warrant does not prevent the application by France of the 1996 convention on extradition.
Article 32 of the EAW Framework Decision must be interpreted as not precluding the application by an executing Member State of the Convention relating to extradition between the Member States of the European Union drawn up by Council Act of 27 September 1996 and signed on that date by all the Member States, even where that convention became applicable in that Member State only after 1 January 2004.
Making conventions such as that convention relating to extradition between the Member States of the European Union applicable does not interfere with the European arrest warrant system laid down by the framework decision, since, in accordance with Article 31(1) of that decision, such a convention can be used only where the European arrest warrant system does not apply. The purpose of making conventions in the field of extradition applicable after 1 January 2004 can therefore only be to improve the extradition system in circumstances in which the European arrest warrant system does not apply.
Case Number C-296/08 PPU
Name of the parties Ignacio Pedro Santesteban Goicoechea
Date of the judgement 2008-08-12
Court Court of Justice of the European Communities (ECEJ)