The evolution of European Union criminal law (1957-2012)

Subsequently, in Wolzenburg 767 , the Court gave guidance regarding the meaning of
‘resident’ and the conditions under which Member States can make use of Article 4(6)
of the Framework Decision. The Court found that a Member State’s requirement for a
continuous period of five years residence for nationals of other Member States for the
ground for non-execution of the EAW to apply, was not to be considered excessive, in
particular having regard the requirements of integration of the requested person into
society when the sentence imposed expires. In particular, the Court found that such
requirements did not violate Article 12 EC (the principle of non discrimination on
grounds of nationality). 768 However, the Court did impose limits as to the demands that a
Member State (in this case The Netherlands) could impose upon the requested person.
The Court noted that a Member State cannot, in addition to the condition of the duration
of residence, make application of the ground of non refusal of execution of the EAW
subject to supplementary administrative requirements, such as the possession of a
residence permit of indefinite duration. 769
The Court further clarified in Lopes da Silva 770 that a Member State cannot limit the
non-execution of a warrant on the grounds envisaged by Article 4(6) solely to their own
nationals, by automatically and absolutely excluding nationals of other Member States
who are staying in or are a resident of the executing Member State, irrespective of their
connections with that Member State. This, the Court clarified, would not be compatible
with the principle of non-discrimination on grounds of nationality (now enshrined in
Article 18 TFEU).
767 Case C-123/08 Proceedings concerning the execution of a European arrest warrant issued
against Dominic Wolzenburg ECR I-09621 [2009].
768 Para 62- 74; in particular para 74 of the judgement, ibid..
769 See para 52 and 53 of the judgement, ibid..
770 Case C-42/11 Proceedings concerning the execution of a European arrest warrant issued
against João Pedro Lopes da Silva Jorge, not yet published.
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