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CJEU - C 396/11 / Judgment

Ministerul Public - Parchetul de pe lângă Curtea de Apel Constanţa v Ciprian Vasile Radu
Deciding body type
Court of Justice of the European Union
Deciding body
European Court of Justice (Grand Chamber)
Typ
Decision
Decision date
29/01/2013

Charta der Grundrechte der Europäischen Union

Title VI: Justice

Article 47 - Right to an effective remedy and to a fair trial

Title VI: Justice

Article 48 - Presumption of innocence and right of defence

VIEW FULL CASE
  • CJEU - C 396/11 / Judgment
    Key facts of the case:
    1. This request for a preliminary ruling concerns the interpretation of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2002 L 190, p. 1), as amended by Council Framework Decision 2009/299/JHA of 26 February 2009 (OJ 2009 L 81, p. 24) (‘Framework Decision 2002/584’), read in conjunction with Articles 6, 48 and 52 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and with Articles 5 and 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’).
    2. The request has been made in proceedings relating to the execution in Romania of four European arrest warrants issued by the German authorities against Mr Radu, a Romanian national, for the purposes of prosecution in respect of acts of aggravated robbery.
    Results (sanctions) and key consequences of the case:
     
    Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as meaning that the executing judicial authorities cannot refuse to execute a European arrest warrant issued for the purposes of conducting a criminal prosecution on the ground that the requested person was not heard in the issuing Member State before that arrest warrant was issued.
  • Paragraphs referring to EU Charter

     

    28-43