Press Release: Advocate General’s Opinion in Case C-220/18 PPU. Generalstaatsanwaltschaft (Conditions of detention in Hungary)

Advocate General Campos Sánchez-Bordona proposes that the Court should rule that the existence, in the State issuing a European arrest warrant, of judicial remedies against possible inhuman or degrading treatment is a relevant factor allowing such a risk to be discounted and that, consequently, there are, in principle, no exceptional circumstances capable of justifying the non-execution of that arrest warrant.

If, in addition to that factor, the executing judicial authority considers it relevant to obtain certain information on the centres in which the person whose surrender is sought is likely to be detained, the issuing judicial authority must provide that information. If it does not do so, the executing judicial authority can discontinue the surrender proceedings.