Spetsializirana prokuratura (Declaration des droits) (Judicial cooperation in criminal matters - Right to receive information in criminal proceedings - Person arrested under a European arrest warrant - Opinion) [2020] EUECJ C-649/19_O (30 September 2020)

Spetsializirana prokuratura (Declaration des droits) (Judicial cooperation in criminal matters - Right to receive information in criminal proceedings - Person arrested under a European arrest warrant - Opinion) [2020] EUECJ C-649/19_O (30 September 2020)

Article 4(3), Article 6(2), and Article 7(1) of Directive 2012/13/EU do not apply to persons arrested under a European arrest warrant; such persons are covered exclusively by Article 5 and Annex II of the Directive. The European arrest warrant form cannot be amended to include additional rights beyond those provided in the Framework Decision and Directive. Framework Decision 2002/584/JHA is compatible with Articles 6 and 47 of the Charter, as it provides sufficient procedural safeguards and effective judicial protection for persons arrested under a European arrest warrant.

Citation
[2020] EUECJ C-649/19_O
Parties
Prosecutor: Spetsializirana prokuratura (Specialised Public Prosecutor’s Office, Bulgaria); Accused: IR
Jurisdiction
European Union
Judgment Date
30 September 2020
Procedural Posture
Preliminary Ruling (cjeu) / Opinion of Advocate General
Outcome
Opinion that Article 4(3), Article 6(2), and Article 7(1) of Directive 2012/13/EU do not apply to persons arrested under a European arrest warrant; Framework Decision 2002/584/JHA is valid and compatible with the Charter.
Legal Topics
European Arrest Warrant, Right to Information in Criminal Proceedings, Judicial Cooperation in Criminal Matters, Fundamental Rights Under the Charter of Fundamental Rights of the European Union, Procedural Safeguards for Accused Persons
European Union Law Criminal Law Human Rights Law European Arrest Warrant Right to Information in Criminal Proceedings Judicial Cooperation in Criminal Matters Fundamental Rights Under the Charter of Fundamental Rights of the European Union Procedural Safeguards for Accused Persons

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Parties

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

Prosecutor

IR

Accused

Procedural Posture

Preliminary Ruling (cjeu) / Opinion of Advocate General

Legal Issues

  1. 1 Whether Article 4(3), Article 6(2), and Article 7(1) of Directive 2012/13/EU apply to persons arrested under a European arrest warrant
  2. 2 Whether the content of the European arrest warrant form can be amended to include additional rights
  3. 3 Compatibility of Framework Decision 2002/584/JHA with Articles 6 and 47 of the Charter if such rights are not guaranteed

Ratio Decidendi

Article 4(3), Article 6(2), and Article 7(1) of Directive 2012/13/EU do not apply to persons arrested under a European arrest warrant; such persons are covered exclusively by Article 5 and Annex II of the Directive. The European arrest warrant form cannot be amended to include additional rights beyond those provided in the Framework Decision and Directive. Framework Decision 2002/584/JHA is compatible with Articles 6 and 47 of the Charter, as it provides sufficient procedural safeguards and effective judicial protection for persons arrested under a European arrest warrant.

Court Disposition

Opinion that Article 4(3), Article 6(2), and Article 7(1) of Directive 2012/13/EU do not apply to persons arrested under a European arrest warrant; Framework Decision 2002/584/JHA is valid and compatible with the Charter.