ECJ: Interesting Arrest Warrant reference

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An interesting order of the Court, agreeing to hear via an accelerated procedure a case concerning the European arrest warrant which raises underlying questions about EU citizenship and migration status.

Reference for a preliminary ruling from the Oberlandesgericht Stuttgart (Germany) lodged on 18 February 2008 - Extradition proceedings against Szymon Kozlowski

(Case C-66/08)

Language of the case: German

Referring court
Oberlandesgericht Stuttgart

Party to the main proceedings
Szymon Kozlowski

Questions referred

1. Do the following facts preclude the assumption that a person is a 'resident' of or is 'staying' in a Member State in the sense of Article 4(6) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States:
(a) his stay in the Member State concerned has not been uninterrupted;
(b) his stay there does not comply with the law on residence;
(c) he commits crimes there systematically for financial gain; and/or
(d) he is in custody serving a criminal sentence there?

2. Is transposition of Article 4(6) of Council Framework Decision 2002/584/JHA in such a way that the extradition of a State's own nationals against their will for the purpose of execution of sentence is always impermissible, whereas extradition of nationals of other Member States against their will can be authorised at the discretion of the authorities, compatible with Union law, in particular with the principles of non-discrimination and Union citizenship under Article 6(1) of the Treaty on European Union (EU) in conjunction with Articles 12 and 17 et seq. of the EC Treaty (EC) and, if so, are those principles at least to be taken into account in the exercise of that discretion?

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