Spetsializirana prokuratura (Informations sur la decision nationale d'arrestation) (Judicial cooperation in criminal matters - Right to freedom of movement and residence - Judgment) [2022] EUECJ C-105/21 (30 June 2022)

Spetsializirana prokuratura (Informations sur la decision nationale d'arrestation) (Judicial cooperation in criminal matters - Right to freedom of movement and residence - Judgment) [2022] EUECJ C-105/21 (30 June 2022)

The judicial authority issuing a European arrest warrant is under no obligation, under Articles 6 and 47 of the Charter, the right to freedom of movement and residence, or the principles of equality and mutual trust, to forward to the requested person the national arrest decision and information on remedies before surrender. Framework Decision 2002/584/JHA precludes national law from imposing such a requirement, and the primacy of EU law obliges national authorities to interpret domestic law in conformity with this outcome.

Citation
[2022] EUECJ C-105/21
Parties
Accused: IR; Prosecutor: Spetsializirana prokuratura (Specialised Public Prosecutor’s Office, Bulgaria)
Jurisdiction
European Union
Judgment Date
30 June 2022
Procedural Posture
Preliminary Ruling (cjeu) / Reference From National Court (specialised Criminal Court, Bulgaria) in Criminal Proceedings
Outcome
Reference answered; issuing judicial authority is not obliged to forward the national arrest decision and information on remedies before surrender; national law cannot require otherwise.
Legal Topics
European Arrest Warrant, Fundamental Rights Under the Charter, Primacy of EU Law, Mutual Recognition, Procedural Safeguards, Right to Information in Criminal Proceedings
Criminal Law European Union Law Human Rights Law European Arrest Warrant Fundamental Rights Under the Charter Primacy of EU Law Mutual Recognition Procedural Safeguards +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

IR

Accused

Spetsializirana prokuratura (Specialised Public Prosecutor’s Office, Bulgaria)

Prosecutor

Procedural Posture

Preliminary Ruling (cjeu) / Reference From National Court (specialised Criminal Court, Bulgaria) in Criminal Proceedings

Legal Issues

  1. 1 Whether the issuing judicial authority is obliged to forward to the requested person, prior to surrender, the national arrest decision and information on remedies;
  2. 2 Whether national law can require such notification contrary to EU law;
  3. 3 Interpretation of Articles 6 and 47 of the Charter, the right to freedom of movement and residence, principles of equality and mutual trust, and the primacy of EU law in the context of the European arrest warrant.

Ratio Decidendi

The judicial authority issuing a European arrest warrant is under no obligation, under Articles 6 and 47 of the Charter, the right to freedom of movement and residence, or the principles of equality and mutual trust, to forward to the requested person the national arrest decision and information on remedies before surrender. Framework Decision 2002/584/JHA precludes national law from imposing such a requirement, and the primacy of EU law obliges national authorities to interpret domestic law in conformity with this outcome.

Court Disposition

Reference answered; issuing judicial authority is not obliged to forward the national arrest decision and information on remedies before surrender; national law cannot require otherwise.

Orders

  • Articles 6 and 47 of the Charter, the right to freedom of movement and residence, and the principles of equality and mutual trust do not require the issuing judicial authority to forward the national arrest decision and information on remedies before surrender.
  • The primacy of EU law precludes national law from requiring such notification prior to surrender.