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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)
Type
Decision
Decision date
29/01/2013
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CJEU - C 396/11 / Judgment
Key facts of the case:
- 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’).
- 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