NJ (Parquet de Vienne) (area of freedom, security and justice - Opinion) French Text [2019] EUECJ C-489/19PPU_O (17 September 2019)

NJ (Parquet de Vienne) (area of freedom, security and justice - Opinion) French Text [2019] EUECJ C-489/19PPU_O (17 September 2019)

A system in which a public prosecutor, potentially subject to executive instructions, issues a European Arrest Warrant that is subject to prior and effective judicial review before taking effect, and where such review is open to appeal, can satisfy the requirements of independence and effective judicial protection under Article 6(1) of Framework Decision 2002/584/JHA, provided the review is substantive and not merely formal.

Citation
[2019] EUECJ C-489/19PPU_O
Parties
Subject of European Arrest Warrant: NJ; Issuing Authority (austria): Parquet de Vienne; Requesting Authority (germany): Generalstaatsanwaltschaft Berlin
Jurisdiction
European Union
Judgment Date
17 September 2019
Procedural Posture
Preliminary Ruling (urgent Procedure) / Opinion of Advocate General
Outcome
Guidance to referring court: verify, in light of all circumstances, whether the issuing authority acted independently and whether the decision to issue the European Arrest Warrant was subject to substantive prior judicial review and appeal.
Legal Topics
European Arrest Warrant, Judicial Independence, Mutual Recognition, Procedural Safeguards
European Union Law Criminal Law Judicial Cooperation European Arrest Warrant Judicial Independence Mutual Recognition Procedural Safeguards

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Parties

NJ

Subject of European Arrest Warrant

Parquet de Vienne

Issuing Authority (austria)

Generalstaatsanwaltschaft Berlin

Requesting Authority (germany)

Procedural Posture

Preliminary Ruling (urgent Procedure) / Opinion of Advocate General

Legal Issues

  1. 1 Whether a public prosecutor's office subject to executive instructions can validly issue a European Arrest Warrant if subject to prior judicial review
  2. 2 Interpretation of 'issuing judicial authority' under Article 6(1) of Framework Decision 2002/584/JHA

Ratio Decidendi

A system in which a public prosecutor, potentially subject to executive instructions, issues a European Arrest Warrant that is subject to prior and effective judicial review before taking effect, and where such review is open to appeal, can satisfy the requirements of independence and effective judicial protection under Article 6(1) of Framework Decision 2002/584/JHA, provided the review is substantive and not merely formal.

Court Disposition

Guidance to referring court: verify, in light of all circumstances, whether the issuing authority acted independently and whether the decision to issue the European Arrest Warrant was subject to substantive prior judicial review and appeal.