MN (Order) French Text [2020] EUECJ C-813/19PPU_CO (21 January 2020)

MN (Order) French Text [2020] EUECJ C-813/19PPU_CO (21 January 2020)

French public prosecutors (parquet), despite being under hierarchical supervision and the authority of the Minister of Justice, qualify as 'issuing judicial authority' under Article 6(1) of Framework Decision 2002/584/JAI because their statutory framework guarantees independence from the executive in issuing European Arrest Warrants. The French system provides effective judicial protection as the proportionality and conditions for issuing a European Arrest Warrant are subject to judicial review, either at the stage of the national arrest warrant or through subsequent judicial remedies.

Citation
[2020] EUECJ C-813/19PPU_CO
Parties
Subject of European Arrest Warrant: MN; Other Party: RJA; Other Party: RJO; Other Party: FD; Other Party: BG; Other Party: PG; Other Party: KL; Other Party: LK; Other Party: MJ; Other Party: NI; Other Party: OH
Jurisdiction
European Union
Judgment Date
21 January 2020
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Order on Preliminary Questions (ordonnance Sur Questions Préjudicielles)
Outcome
Questions answered; French public prosecutors qualify as 'issuing judicial authority' and the French system provides effective judicial protection under EU law.
Legal Topics
European Arrest Warrant, Judicial Independence, Effective Judicial Protection, Interpretation of Article 6(1) of Framework Decision 2002/584/jai
European Union Law Criminal Law Judicial Cooperation European Arrest Warrant Judicial Independence Effective Judicial Protection Interpretation of Article 6(1) of Framework Decision 2002/584/jai

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Parties

MN

Subject of European Arrest Warrant

RJA

Other Party

RJO

Other Party

FD

Other Party

BG

Other Party

PG

Other Party

KL

Other Party

LK

Other Party

MJ

Other Party

NI

Other Party

OH

Other Party

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Order on Preliminary Questions (ordonnance Sur Questions Préjudicielles)

Legal Issues

  1. 1 Whether French public prosecutors (parquet) qualify as 'issuing judicial authority' under Article 6(1) of Framework Decision 2002/584/JAI
  2. 2 Whether the French system provides effective judicial protection for persons subject to a European Arrest Warrant

Ratio Decidendi

French public prosecutors (parquet), despite being under hierarchical supervision and the authority of the Minister of Justice, qualify as 'issuing judicial authority' under Article 6(1) of Framework Decision 2002/584/JAI because their statutory framework guarantees independence from the executive in issuing European Arrest Warrants. The French system provides effective judicial protection as the proportionality and conditions for issuing a European Arrest Warrant are subject to judicial review, either at the stage of the national arrest warrant or through subsequent judicial remedies.

Court Disposition

Questions answered; French public prosecutors qualify as 'issuing judicial authority' and the French system provides effective judicial protection under EU law.

Orders

  • Article 6(1) of Framework Decision 2002/584/JAI must be interpreted as including French public prosecutors as 'issuing judicial authority' if their status guarantees independence from the executive in issuing European Arrest Warrants.
  • The requirements of effective judicial protection are satisfied if, under the law of the issuing Member State, the conditions for issuing the warrant and its proportionality are subject to judicial review.