HM & TZ (Police and judicial cooperation in criminal matters - Opinion) [2021] EUECJ C-429/21PPU (14 October 2021)

HM & TZ (Police and judicial cooperation in criminal matters - Opinion) [2021] EUECJ C-429/21PPU (14 October 2021)

A surrendered person must be able to exercise the right to be heard in relation to a request for additional consent before the executing judicial authority competent to deal with that request, regardless of whether the person is heard in the executing or issuing Member State. The arrangements for exercising this right may be mutually agreed between the competent authorities of the issuing and executing Member States, provided the effective exercise of the right is ensured and fundamental rights are respected.

Citation
[2021] EUECJ C-429/21PPU
Parties
Applicant: HM; Applicant: TZ; Intervener: Openbaar Ministerie
Jurisdiction
European Union
Judgment Date
14 October 2021
Procedural Posture
Preliminary Ruling (joined Cases) / Opinion of Advocate General
Outcome
Opinion delivered; preliminary questions answered.
Legal Topics
European Arrest Warrant, Judicial Cooperation in Criminal Matters, Right to Be Heard, Effective Judicial Protection, Speciality Rule
Criminal Law European Union Law European Arrest Warrant Judicial Cooperation in Criminal Matters Right to Be Heard Effective Judicial Protection Speciality Rule

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Parties

HM

Applicant

TZ

Applicant

Openbaar Ministerie

Intervener

Procedural Posture

Preliminary Ruling (joined Cases) / Opinion of Advocate General

Legal Issues

  1. 1 Whether a surrendered person has the right to be heard in relation to a request for additional consent under Articles 27(3)(g), 27(4), and 28(3) of Framework Decision 2002/584/JHA, read in light of Article 47 of the Charter of Fundamental Rights of the European Union.
  2. 2 In which Member State and according to which procedures may a surrendered person exercise the right to be heard before the executing judicial authority gives additional consent?

Ratio Decidendi

A surrendered person must be able to exercise the right to be heard in relation to a request for additional consent before the executing judicial authority competent to deal with that request, regardless of whether the person is heard in the executing or issuing Member State. The arrangements for exercising this right may be mutually agreed between the competent authorities of the issuing and executing Member States, provided the effective exercise of the right is ensured and fundamental rights are respected.

Court Disposition

Opinion delivered; preliminary questions answered.

Orders

  • A surrendered person must be able to exercise the right to be heard before the executing judicial authority in relation to a request for additional consent, regardless of the Member State in which the hearing occurs.
  • The right to be heard may be exercised according to arrangements mutually agreed between the competent authorities of the issuing and executing Member States, based on applicable national legislation, provided effective exercise of the right is ensured.