PI (Urgent preliminary ruling procedur - European arrest warrant - Judgment) [2021] EUECJ C-648/20PPU (10 March 2021)

PI (Urgent preliminary ruling procedur - European arrest warrant - Judgment) [2021] EUECJ C-648/20PPU (10 March 2021)

Article 8(1)(c) of Framework Decision 2002/584, read in light of Article 47 of the Charter, requires that effective judicial protection be afforded to a person subject to a European arrest warrant for criminal prosecution. This requirement is not satisfied where both the European arrest warrant and the underlying national arrest warrant are issued by a prosecutor and cannot be reviewed by a court in the issuing Member State prior to surrender by the executing Member State.

Citation
[2021] EUECJ C-648/20PPU
Parties
Requested Person: PI; Issuing Authority: Prosecutor of Svishtov Regional Prosecutor’s Office, Bulgaria; Referring Court: Westminster Magistrates’ Court, United Kingdom
Jurisdiction
European Union
Judgment Date
10 March 2021
Procedural Posture
Preliminary Ruling (cjeu) / Judgment on Reference for Preliminary Ruling
Outcome
Requirements of effective judicial protection under Article 8(1)(c) of Framework Decision 2002/584 are not satisfied in the absence of pre-surrender judicial review by a court.
Legal Topics
European Arrest Warrant, Judicial Protection, Mutual Recognition, Fundamental Rights, Judicial Review
European Union Law Criminal Law Extradition Law European Arrest Warrant Judicial Protection Mutual Recognition Fundamental Rights Judicial Review

Case Brief

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Parties

PI

Requested Person

Prosecutor of Svishtov Regional Prosecutor’s Office, Bulgaria

Issuing Authority

Westminster Magistrates’ Court, United Kingdom

Referring Court

Procedural Posture

Preliminary Ruling (cjeu) / Judgment on Reference for Preliminary Ruling

Legal Issues

  1. 1 Whether Article 8(1)(c) of Framework Decision 2002/584, read with Article 47 of the Charter, requires judicial review by a court prior to surrender when both the European arrest warrant and the underlying national arrest warrant are issued by a prosecutor.

Ratio Decidendi

Article 8(1)(c) of Framework Decision 2002/584, read in light of Article 47 of the Charter, requires that effective judicial protection be afforded to a person subject to a European arrest warrant for criminal prosecution. This requirement is not satisfied where both the European arrest warrant and the underlying national arrest warrant are issued by a prosecutor and cannot be reviewed by a court in the issuing Member State prior to surrender by the executing Member State.

Court Disposition

Requirements of effective judicial protection under Article 8(1)(c) of Framework Decision 2002/584 are not satisfied in the absence of pre-surrender judicial review by a court.

Orders

  • Article 8(1)(c) of Framework Decision 2002/584, read in light of Article 47 of the Charter, must be interpreted as meaning that the requirements inherent in effective judicial protection are not satisfied where both the European arrest warrant and the judicial decision on which it is based are issued by a public...