Minister for Justice and Equality v JR*

On 17 September 2020, AG Kokot delivered his opinion in case C-488/19, which concludes as follows:

"1. Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedure between Member States is applicable in a situation where the requested person was convicted and sentenced in the Kingdom of Norway, but by virtue of an international agreement with the Kingdom of Norway the judgment is recognised in the issuing Member State and executed according to the laws of the issuing State.

However, the executing judicial authority will end the surrender procedure where it has substantial grounds to assume that execution of the Norwegian custodial sentence, which the Republic of Lithuania has recognised, would lead to a serious breach of fundamental rights.

2. An executing judicial authority may not refuse to execute a European arrest warrant pursuant to Article 4(7)(b) of Framework Decision 2002/584 where it has been established that the requested person carried out punishable preparatory acts in the issuing State which are specifically inextricably linked to the offence for which the requested person was convicted."