Call for action on fair enforcement of maintenance obligations and Czechia’s use of the European arrest warrant

9.7.2025

Priority question for written answer  P-002806/2025
to the Commission
Rule 144
Dirk Gotink (PPE)

A Dutch citizen has been sentenced to imprisonment in Czechia for failing to pay child maintenance, clear evidence of his being unemployed after his former employer went bankrupt. The court refused to carry out a reassessment of his financial capacity, in violation of Article 14 of the 2007 Hague Protocol on the Law Applicable to Maintenance Obligations, which is binding under Regulation (EC) No 4/2009[1]. Criminal proceedings followed, resulting in the issuance of a European arrest warrant (EAW).

• 1.Is the Commission aware of this case, and is it prepared to assess whether Article 14 of the 2007 Hague Protocol by the Czech authorities in this and similar cases has been applied in line with Union law?
• 2.Does the Commission agree that issuing an EAW in cases of demonstrable economic incapacity, without prior assessment of the debtor’s means, undermines mutual trust and the proper functioning of judicial cooperation within the EU? If so, why? If not, why not?
• 3.What concrete measures does the Commission intend to take to prevent disproportionate use of the EAW and within what timeframe?

Submitted: 9.7.2025

• [1] Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, OJ L 7, 10/01/2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/4(1)/oj.