Staatsanwaltschaft Wien (Ordres de virement falsifies) (Judicial cooperation in criminal matters - European investigation order - Concepts of 'judicial authority' and 'issuing authority' - Judgment) [2020] EUECJ C-584/19 (08 December 2020)

Staatsanwaltschaft Wien (Ordres de virement falsifies) (Judicial cooperation in criminal matters - European investigation order - Concepts of 'judicial authority' and 'issuing authority' - Judgment) [2020] EUECJ C-584/19 (08 December 2020)

The concepts of 'judicial authority' and 'issuing authority' in Directive 2014/41/EU include the public prosecutor or public prosecutor’s office of a Member State, regardless of any relationship of legal subordination to the executive or exposure to executive instructions, as the Directive expressly provides for public prosecutors as issuing authorities and includes sufficient procedural safeguards for fundamental rights.

Citation
[2020] EUECJ C-584/19
Parties
Issuing Authority: Staatsanwaltschaft Hamburg (Public Prosecutor’s Office, Hamburg, Germany); Suspects: A and other unidentified persons; Executing Authority: Staatsanwaltschaft Wien (Public Prosecutor’s Office, Vienna, Austria)
Jurisdiction
European Union
Judgment Date
08 December 2020
Procedural Posture
Preliminary Ruling (cjeu) / Final Judgment
Outcome
Question answered; public prosecutors' offices qualify as 'judicial authority' and 'issuing authority' under Directive 2014/41/EU regardless of executive subordination.
Legal Topics
European Investigation Order, Judicial Authority, Issuing Authority, Mutual Recognition, Public Prosecutor Independence
European Union Law Criminal Law Judicial Cooperation European Investigation Order Judicial Authority Issuing Authority Mutual Recognition Public Prosecutor Independence

Case Brief

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Parties

Staatsanwaltschaft Hamburg (Public Prosecutor’s Office, Hamburg, Germany)

Issuing Authority

A and other unidentified persons

Suspects

Staatsanwaltschaft Wien (Public Prosecutor’s Office, Vienna, Austria)

Executing Authority

Procedural Posture

Preliminary Ruling (cjeu) / Final Judgment

Legal Issues

  1. 1 Whether the concepts of 'judicial authority' and 'issuing authority' in Directive 2014/41/EU include public prosecutors' offices exposed to executive instructions.

Ratio Decidendi

The concepts of 'judicial authority' and 'issuing authority' in Directive 2014/41/EU include the public prosecutor or public prosecutor’s office of a Member State, regardless of any relationship of legal subordination to the executive or exposure to executive instructions, as the Directive expressly provides for public prosecutors as issuing authorities and includes sufficient procedural safeguards for fundamental rights.

Court Disposition

Question answered; public prosecutors' offices qualify as 'judicial authority' and 'issuing authority' under Directive 2014/41/EU regardless of executive subordination.