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CJEU Case C-551/18 PPU / Opinion

IK
Policy area
Justice, freedom and security
Deciding body type
Court of Justice of the European Union
Deciding body
Advocate General
Type
Opinion
Decision date
08/11/2018
ECLI (European case law identifier)
ECLI:EU:C:2018:890

Az Európai Unió Alapjogi Chartája

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

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  • CJEU Case C-551/18 PPU / Opinion

    Key facts of the case:

    Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and the surrender procedures between Member States — European arrest warrant issued for the purposes of enforcing a custodial sentence — Substance and form — Article 8(1)(f) — Failure to refer to an additional sentence — Validity — Consequences — Effect on detention.

    Outcome of the case:

    On those grounds, I propose that the Court answer the questions referred by the Hof van Cassatie (Court of Cassation, Belgium) as follows:

    1. An additional penalty, such as that at issue in the present case, must be mentioned in point 2 of box (c) of the European arrest warrant, in accordance with Article 8(1)(f) of Framework Decision 2002/584/JHA 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.
    2. Failure to mention an additional penalty (such as that at issue in the present case) in the European arrest warrant on the basis of which the person concerned was surrendered cannot prevent the execution of that penalty where it was imposed in accordance with the relevant national provisions.
  • Paragraphs referring to EU Charter

    108 Thus, the Framework Decision includes express references to those rights. This is clear, for example, from recitals 10, 12 and 13 of the Framework Decision. More fundamentally, Article 1(3) of the Framework Decision provides that that decision is not to have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 TEU. In addition, compliance with the Charter of Fundamental Rights of the European Union is binding, as is stated in Article 51(1) of the Charter, on the Member States and, consequently, on their courts, when they are implementing EU law. That is the case when the issuing judicial authority and the executing judicial authority are applying the provisions of national law adopted to transpose the Framework Decision. 

    ...

    112 IK thus had every opportunity to argue the invalidity of the European arrest warrant during the surrender procedure. Furthermore, aside from a few general references to rights under Article 6 ECHR and Article 48(2) of the Charter of Fundamental Rights of the European Union, IK made no mention, either in his written observations or at the hearing, of any infringement whatsoever of his fundamental rights during the surrender procedure or even outside that procedure.

  • Paragraphs referring to EU Charter (original language)