Stegmon (Criminal proceedings - Accused person remanded in custody - Order) [2024] EUECJ C-288/24_CO (04 July 2024)

Stegmon (Criminal proceedings - Accused person remanded in custody - Order) [2024] EUECJ C-288/24_CO (04 July 2024)

Article 267 TFEU precludes a national court in criminal proceedings involving detention from taking procedural steps connected to referred questions while awaiting a preliminary ruling, and precludes recusal of a judge solely for awaiting the CJEU’s decision on a reference in such proceedings.

Citation
[2024] EUECJ C-288/24_CO
Parties
Accused: M. R.; Prosecutor: Staatsanwaltschaft Berlin
Jurisdiction
European Union
Judgment Date
04 July 2024
Procedural Posture
Criminal / Preliminary Ruling (article 267 Tfeu)
Outcome
Questions answered by reasoned order; preliminary ruling issued.
Legal Topics
Preliminary Ruling Procedure, Recusal of Judges, Duty to Proceed Expeditiously, Detention Pending Trial, Judicial Cooperation, Interpretation of Article 267 TFEU
Criminal Law European Union Law Procedural Law Preliminary Ruling Procedure Recusal of Judges Duty to Proceed Expeditiously Detention Pending Trial Judicial Cooperation +1 more

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Parties

M. R.

Accused

Staatsanwaltschaft Berlin

Prosecutor

Procedural Posture

Criminal / Preliminary Ruling (article 267 Tfeu)

Legal Issues

  1. 1 Whether Article 267 TFEU precludes a national court from taking procedural steps connected to referred questions while awaiting a preliminary ruling in criminal proceedings involving detention.
  2. 2 Whether Article 267 TFEU precludes recusal of a judge solely for awaiting a preliminary ruling decision in proceedings involving a person in custody.

Ratio Decidendi

Article 267 TFEU precludes a national court in criminal proceedings involving detention from taking procedural steps connected to referred questions while awaiting a preliminary ruling, and precludes recusal of a judge solely for awaiting the CJEU’s decision on a reference in such proceedings.

Court Disposition

Questions answered by reasoned order; preliminary ruling issued.

Orders

  • Article 267 TFEU precludes, in criminal proceedings involving detention, a national court which has made a request for a preliminary ruling from continuing the main proceedings by carrying out procedural steps connected to the referred questions pending the Court’s reply.
  • Article 267 TFEU precludes recusal of a judge on the sole ground that the judge is awaiting the CJEU’s decision on a preliminary reference in proceedings concerning a person in custody.