On April 29, 2026 the European Commission decided to refer Czechia and Hungary to the Court of Justice of the European Union for failing to correctly transpose the Framework Decision on the European Arrest Warrant (2002/584/JHA). The Commission sent formal notices to Czechia in December 2020 and November 2023, and to Hungary in June 2021 and November 2023, highlighting problems with the implementation of the warrant’s rules. Czech law does not allow the executing judicial authority to agree to temporary transfer or to determine its duration by mutual agreement, and limits transfers to ten days, contrary to the Framework Decision. Hungarian law makes the “lack of double criminality” ground for refusal mandatory, removing judicial discretion required by the decision. After partial legislative amendments the Commission still found the concerns unresolved, prompting the referral.
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