Prosecutor of the regional prosecutor's office in Ruse, Bulgaria (Judicial cooperation in criminal matters - European arrest warrant - Order) [2021] EUECJ C-206/20_CO (22 June 2021)

Prosecutor of the regional prosecutor's office in Ruse, Bulgaria (Judicial cooperation in criminal matters - European arrest warrant - Order) [2021] EUECJ C-206/20_CO (22 June 2021)

The requirements of effective judicial protection under Article 47 of the Charter are not satisfied where both the European arrest warrant and the underlying judicial decision are issued by a prosecutor, without the possibility of court review in the issuing Member State prior to surrender.

Citation
[2021] EUECJ C-206/20_CO
Parties
Requested Person: VA; Issuing Authority: Prosecutor of the regional prosecutor’s office in Ruse, Bulgaria; Intervener: Bulgarian Government; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
22 June 2021
Procedural Posture
Preliminary Ruling (article 267 Tfeu) / Order on Reference for Preliminary Ruling
Outcome
Requirements of effective judicial protection not satisfied; preliminary ruling issued.
Legal Topics
European Arrest Warrant, Effective Judicial Protection, Judicial Review, Mutual Recognition, Fundamental Rights
European Union Law Criminal Law Judicial Cooperation European Arrest Warrant Effective Judicial Protection Judicial Review Mutual Recognition Fundamental Rights

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Parties

VA

Requested Person

Prosecutor of the regional prosecutor’s office in Ruse, Bulgaria

Issuing Authority

Bulgarian Government

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Ruling (article 267 Tfeu) / Order on Reference for Preliminary Ruling

Legal Issues

  1. 1 Whether effective judicial protection under Article 47 of the Charter is satisfied where both the European arrest warrant and the underlying judicial decision are issued by a prosecutor, without prior court review before surrender.

Ratio Decidendi

The requirements of effective judicial protection under Article 47 of the Charter are not satisfied where both the European arrest warrant and the underlying judicial decision are issued by a prosecutor, without the possibility of court review in the issuing Member State prior to surrender.

Court Disposition

Requirements of effective judicial protection not satisfied; preliminary ruling issued.

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 effective judicial protection is not satisfied where both the European arrest warrant and the underlying judicial decision are issued by a prosecutor, without possibility of court review...