Mutual recognition, Retrospective Proportionality and the Expansion of the Two-Step Test: Case C-583/24 [Tagu] Criminal proceedings against DZ

Dr. Ermioni Xanthopoulou, Reader/Associate Professor in Law, Brunel University of London Photo credit: Donald Trung Quoc Don (Chữ Hán: 徵國單) - Wikimedia Commons Introduction On 3 November 2026, the Grand Chamber of the Court of Justice of the European Union (CJEU) gave its ruling in Tagu (C-583/24). The ruling was in response to a preliminary reference question lodged by the District Court of Amsterdam seeking clarification on whether judicial authorities executing a European arrest warrant (EAW) may refuse surrender because the sentence to be served is deemed disproportionate to the offence, contrary to Article 49(3) of the EU Charter of Fundamental Rights (Charter). The Court ruled that the alleged disproportionality of the sentence alone cannot allow the refusal of the EAW’s execution unless the penalty is so excessive that this could be in breach of Article 49(3) of the Charter and the two-step test, well-established by previous case law, is satisfied. The blog examines the case in…

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