Ozcelik (Judgment) [2016] EUECJ C-453/16 (10 November 2016)

Ozcelik (Judgment) [2016] EUECJ C-453/16 (10 November 2016)

A confirmation by the public prosecutor’s office of a national arrest warrant issued previously by a police service constitutes a 'judicial decision' within the meaning of Article 8(1)(c) of Framework Decision 2002/584/JHA, as the public prosecutor is a judicial authority responsible for administering criminal justice and its confirmation provides judicial approval required for mutual trust.

Citation
[2016] EUECJ C-453/16
Parties
Requested Person: Halil Ibrahim Özçelik; Issuing Judicial Authority: Veszprémi Járásbíróság (District Court, Veszprém, Hungary); Executing Judicial Authority: Rechtbank Amsterdam (District Court, Amsterdam, Netherlands)
Jurisdiction
European Union
Judgment Date
10 November 2016
Procedural Posture
Preliminary Ruling / Reference for Preliminary Ruling Under Urgent Procedure
Outcome
Preliminary ruling issued
Legal Topics
European Arrest Warrant, Mutual Recognition, Judicial Cooperation, Definition of Judicial Decision
Criminal Law EU Law European Arrest Warrant Mutual Recognition Judicial Cooperation Definition of Judicial Decision

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Parties

Halil Ibrahim Özçelik

Requested Person

Veszprémi Járásbíróság (District Court, Veszprém, Hungary)

Issuing Judicial Authority

Rechtbank Amsterdam (District Court, Amsterdam, Netherlands)

Executing Judicial Authority

Procedural Posture

Preliminary Ruling / Reference for Preliminary Ruling Under Urgent Procedure

Legal Issues

  1. 1 Interpretation of 'judicial decision' under Article 8(1)(c) of Framework Decision 2002/584/JHA
  2. 2 Whether confirmation by public prosecutor of a police-issued arrest warrant constitutes a judicial decision

Ratio Decidendi

A confirmation by the public prosecutor’s office of a national arrest warrant issued previously by a police service constitutes a 'judicial decision' within the meaning of Article 8(1)(c) of Framework Decision 2002/584/JHA, as the public prosecutor is a judicial authority responsible for administering criminal justice and its confirmation provides judicial approval required for mutual trust.

Court Disposition

Preliminary ruling issued

Orders

  • Article 8(1)(c) of Framework Decision 2002/584/JHA must be interpreted as meaning that confirmation by the public prosecutor’s office of a national arrest warrant issued previously by a police service constitutes a 'judicial decision'.