Spetsializirana prokuratura (Declaration des droits) (Fundamental rights : Judgment) [2021] EUECJ C-649/19 (28 January 2021)

Spetsializirana prokuratura (Declaration des droits) (Fundamental rights : Judgment) [2021] EUECJ C-649/19 (28 January 2021)

Article 4 (including Article 4(3)), Article 6(2), and Article 7(1) of Directive 2012/13/EU do not apply to persons arrested for the purposes of executing a European arrest warrant. Framework Decision 2002/584/JHA remains valid in light of Articles 6 and 47 of the Charter, as procedural safeguards and fundamental rights are ensured at the national level and upon surrender.

Citation
[2021] EUECJ C-649/19
Parties
Accused: IR; Prosecutor: Specialised Public Prosecutor’s Office, Bulgaria
Jurisdiction
European Union
Judgment Date
28 January 2021
Procedural Posture
Criminal / Preliminary Ruling Referral
Outcome
preliminary ruling issued
Legal Topics
European Arrest Warrant, Right to Information in Criminal Proceedings, Fundamental Rights, Judicial Cooperation
Criminal Law EU Law European Arrest Warrant Right to Information in Criminal Proceedings Fundamental Rights Judicial Cooperation

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Parties

IR

Accused

Specialised Public Prosecutor’s Office, Bulgaria

Prosecutor

Procedural Posture

Criminal / Preliminary Ruling Referral

Legal Issues

  1. 1 Do Article 4, Article 6(2), and Article 7(1) of Directive 2012/13/EU apply to persons arrested under a European arrest warrant?
  2. 2 Can the content of a European arrest warrant be amended to include information about remedies?
  3. 3 Is Framework Decision 2002/584/JHA valid in light of Directive 2012/13/EU and the Charter?

Ratio Decidendi

Article 4 (including Article 4(3)), Article 6(2), and Article 7(1) of Directive 2012/13/EU do not apply to persons arrested for the purposes of executing a European arrest warrant. Framework Decision 2002/584/JHA remains valid in light of Articles 6 and 47 of the Charter, as procedural safeguards and fundamental rights are ensured at the national level and upon surrender.

Court Disposition

preliminary ruling issued

Orders

  • Article 4 (including Article 4(3)), Article 6(2), and Article 7(1) of Directive 2012/13/EU do not apply to persons arrested for the purposes of the execution of a European arrest warrant.
  • Framework Decision 2002/584/JHA is valid in light of Articles 6 and 47 of the Charter.