Press Release: Advocate General’s Opinion in Case C-216/18 PPU. Minister for Justice and Equality v LM (Deficiencies in the system of justice)

According to Advocate General Tanchev, the execution of a European arrest warrant must be postponed where the competent judicial authority finds not only that there is a real risk of flagrant denial of justice on account of deficiencies in the system of justice of the issuing Member State but also that the person who is the subject of the warrant is exposed to such a risk.

In order to determine whether the individual concerned is exposed to such a risk, the executing judicial authority must take account of the particular circumstances relating both to that person and to the offence in respect of which he is being prosecuted or has been convicted.