Fechas y plazos de entrega en la orden europea de detención y entregaSTJUE, de 25 de enero de 2017, asunto C-640/15: Vilkas

Resumo

This paper analyses the judgment of the Court of Justice of the European Union of 25th January 2017 (C-640/15). It is examined whether, in accordance with Articles 23 and 15 of Frame work Decision 2002/584/JHA, the judicial authorities of the States implementing and issuing an European Arrest Warrant may agree a new date to surrender the person against whom a claim has been issued when the delivery of the requested person has been frustrated consecutively twice by the physical resistance opposed by the requested person . Forthis examination, the normal and exceptional dates and deadlines foreseen in the referred article of the Framework Decision are being analysed. The interpretation of Article 23 (3) of the Framework Decision is provided and what is to be understood by circumstances beyond the control of States and by force majeure. And also the regime of the personal situation, imprisonment or provisional release, of the requested person, when it is applied Article 23 of the Framework Decision