IS (Illegalite de l'ordonnance de renvoi) (Judicial cooperation in criminal matters - Right to interpretation and translation - Right to be present at one's trial - Opinion) [2021] EUECJ C-564/19_O (15 April 2021)

IS (Illegalite de l'ordonnance de renvoi) (Judicial cooperation in criminal matters - Right to interpretation and translation - Right to be present at one's trial - Opinion) [2021] EUECJ C-564/19_O (15 April 2021)

Article 267 TFEU precludes a national practice whereby a supreme court, through extraordinary appeal, declares a preliminary reference order unlawful on grounds of necessity or relevance, even if the legal effects of the reference are not altered. The primacy of EU law requires national courts to disregard such...

Source-derived case information.

Citation
[2021] EUECJ C-564/19_O
Parties
Accused: IS; Prosecutor: Public Prosecutor of the 5th and 13th districts of Budapest
Jurisdiction
European Union
Judgment Date
15 April 2021
Procedural Posture
Request for a Preliminary Ruling (criminal) / Opinion of Advocate General on Preliminary Reference From Pesti Központi Kerületi Bíróság (central District Court, Pest, Hungary)
Outcome
Opinion: Article 267 TFEU precludes national rules or practices allowing a higher court to declare a preliminary reference order unlawful; Member States must ensure quality interpretation in criminal proceedings; trial in absentia is precluded if adequate interpretation is not established; disciplinary proceedings...
Legal Topics
Right to Interpretation and Translation, Right to Be Present at Trial, Judicial Independence, Right to a Fair Trial, Preliminary Ruling Procedure, Primacy of EU Law
Criminal Law European Union Law Judicial Cooperation Right to Interpretation and Translation Right to Be Present at Trial Judicial Independence Right to a Fair Trial Preliminary Ruling Procedure +1 more

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Parties

IS

Accused

Public Prosecutor of the 5th and 13th districts of Budapest

Prosecutor

Procedural Posture

Request for a Preliminary Ruling (criminal) / Opinion of Advocate General on Preliminary Reference From Pesti Központi Kerületi Bíróság (central District Court, Pest, Hungary)

Legal Issues

  1. 1 Whether Article 267 TFEU precludes a national supreme court from declaring a preliminary reference order unlawful without affecting its legal effects
  2. 2 Whether EU law requires a register of qualified interpreters or other quality control for interpretation in criminal proceedings
  3. 3 Whether trial in absentia is precluded if the accused did not receive adequate interpretation

Ratio Decidendi

Article 267 TFEU precludes a national practice whereby a supreme court, through extraordinary appeal, declares a preliminary reference order unlawful on grounds of necessity or relevance, even if the legal effects of the reference are not altered. The primacy of EU law requires national courts to disregard such national judgments or practices. Member States must ensure accused persons who do not understand the language of proceedings have access to interpretation of sufficient quality and a means to challenge its adequacy, but are not required to maintain a register of interpreters. If adequate interpretation cannot be established, trial in absentia is precluded. Judicial independence...

Court Disposition

Opinion: Article 267 TFEU precludes national rules or practices allowing a higher court to declare a preliminary reference order unlawful; Member States must ensure quality interpretation in criminal proceedings; trial in absentia is precluded if adequate interpretation is not established; disciplinary proceedings...