ECJ - JUDGEMENT OF 12.08.2008, SANTESTEBAN GOICOECHEA, C-296/08 PPU - EUROPEAN ARREST WARRANT - EXTRADITION REQUEST - APPLICATION OF PREVIOUS CONVENTIONS

Article 31 of the Framework decision on the European Arrest Warrant replaces the European Conventions existing before the adoption of the Framework decision and regarding to extradition, including the 1996 Convention on extradition between Member States. It also establishes the possibility of application of bilateral or multilateral agreements whenever the States notify the application to the Council and the Commission. The Court considers that solely the agreements that have not been replaced by article 31.1 can be applicable according to article 31.2 of the Framework decision; therefore the 1996 Convention on extradition could not be applicable according to this system. On the other hand, the article 32 of the Framework decision also allows the used of agreements applicable before 1 January 2004, although the Court considers that the term "applicable" cannot be understood as designating solely the conventions which would actually be applicable before that date, and therefore it allows the used of agreements that actually started to be applicable after 1 January 2004; this cases would be outside the system established in the Framework decision.