Ciprian Vasile Radu [2013] EUECJ C-396/11 (29 January 2013)

Ciprian Vasile Radu [2013] EUECJ C-396/11 (29 January 2013)

Framework Decision 2002/584/JHA must be interpreted as meaning that executing judicial authorities cannot refuse to execute a European arrest warrant issued for the purposes of conducting a criminal prosecution on the ground that the requested person was not heard in the issuing Member State before that arrest warrant was issued.

Citation
[2013] EUECJ C-396/11
Parties
Requested Person: Mr Radu; Issuing Authorities: Public Prosecutor’s Offices in Münster, Coburg, Bielefeld and Verden (Germany); Executing Judicial Authority: Curte de Apel Constanţa (Court of Appeal, Constanţa)
Jurisdiction
European Union
Judgment Date
29 January 2013
Procedural Posture
Preliminary Ruling / Judgment of the Court of Justice of the European Union (grand Chamber)
Outcome
Reference for a preliminary ruling answered; executing judicial authorities cannot refuse execution of a European arrest warrant for prosecution on the ground that the requested person was not heard before issuance.
Legal Topics
European Arrest Warrant, Extradition, Mutual Recognition of Judicial Decisions, Right to Be Heard, Fundamental Rights, Fair Trial, Surrender Procedures
European Union Law Criminal Law Human Rights Law European Arrest Warrant Extradition Mutual Recognition of Judicial Decisions Right to Be Heard Fundamental Rights +2 more

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Parties

Mr Radu

Requested Person

Public Prosecutor’s Offices in Münster, Coburg, Bielefeld and Verden (Germany)

Issuing Authorities

Curte de Apel Constanţa (Court of Appeal, Constanţa)

Executing Judicial Authority

Procedural Posture

Preliminary Ruling / Judgment of the Court of Justice of the European Union (grand Chamber)

Legal Issues

  1. 1 Whether executing judicial authorities can refuse to execute a European arrest warrant for criminal prosecution because the requested person was not heard by the issuing Member State before the warrant was issued
  2. 2 Interpretation of Framework Decision 2002/584/JHA in light of the Charter of Fundamental Rights and the ECHR

Ratio Decidendi

Framework Decision 2002/584/JHA must be interpreted as meaning that executing judicial authorities cannot refuse to execute a European arrest warrant issued for the purposes of conducting a criminal prosecution on the ground that the requested person was not heard in the issuing Member State before that arrest warrant was issued.

Court Disposition

Reference for a preliminary ruling answered; executing judicial authorities cannot refuse execution of a European arrest warrant for prosecution on the ground that the requested person was not heard before issuance.

Orders

  • Council Framework Decision 2002/584/JHA, as amended, must be interpreted as meaning that the executing judicial authorities cannot refuse to execute a European arrest warrant issued for the purposes of conducting a criminal prosecution on the ground that the requested person was not heard in the issuing Member State...