High Court provides substantive text of the Request for a Preliminary Ruling pursuant to the Treaty on the Functioning of the European Union, concerning European Arrest Warrant proceedings, whether the provisions of the Framework Decision apply to the situation where the the original sentence and conviction were ordered in a third state, but by bilateral agreement between a member state and that third state, there was recognition given to the judgment of the third state and it was decided to enforce the sentence of imprisonment in the issuing member state.
European Arrest Warrant - substantive text of the Request for Preliminary Ruling pursuant to Article 267 TFEU – surrender sought by authorities in Lithuania – custodial sentence – convicted and sentenced for a drugs offence in Norway - conviction and sentence were recognised by Lithuania – transferred as a sentenced person from Norway to serve the remainder of his sentence of imprisonment in Lithuania – absconded whilst on conditional parole – respondent objected to surrender on the grounds only the judicial authority of the member state where he was convicted is entitled to request his surrender (his conviction being in Norway, which is a non-member state) - offence of which he was convicted is an extraterritorial offence – Minister argued that he was relying on valid bilateral agreement and that this was sufficient to bring the request for surrender within the terms of the Framework Decision - chronology of relevant events - proceedings in the Issuing State - proceedings in the Executing State – relevant legal provisions - no relevant guiding judgment from the Court of Justice of the European Union, nor a relevant decision from any other member state on this point, has been submitted to the referring court – questions posed concern a question of interpretation of European Union law the answer to which is not clear - questions referred for preliminary ruling - whether the Framework Decision apply to the situation where the requested person was convicted and sentenced in a third state but by virtue of a bilateral treaty between that third state and the issuing state - request to avail of the urgent procedure or the Expedited Procedure - in custody - preliminary views of the referring State.