Openbaar Ministerie (Droit d'être entendu par l'autorite judiciaire d'execution) (Police and judicial cooperation in criminal matters - uropean arrest warrant - Opinion) [2021] EUECJ C-428/21PPU_O (14 October 2021)

Openbaar Ministerie (Droit d'être entendu par l'autorite judiciaire d'execution) (Police and judicial cooperation in criminal matters - uropean arrest warrant - Opinion) [2021] EUECJ C-428/21PPU_O (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, regardless of whether the hearing takes place in the executing or issuing Member State, and the arrangements for exercising this right may be mutually agreed between the competent authorities, provided effective exercise is ensured.

Citation
[2021] EUECJ C-428/21PPU_O
Parties
Intervener: Openbaar Ministerie; Applicant: HM; Applicant: TZ
Jurisdiction
European Union
Judgment Date
14 October 2021
Procedural Posture
Reference for a Preliminary Ruling (joined Cases C 428/21 PPU and C 429/21 Ppu) / Opinion of Advocate General
Outcome
Interpretative opinion (preliminary ruling)
Legal Topics
European Arrest Warrant, Right to Be Heard, Judicial Cooperation in Criminal Matters, Effective Judicial Protection, Speciality Rule, Procedural Rights
European Union Law Criminal Law Human Rights Law European Arrest Warrant Right to Be Heard Judicial Cooperation in Criminal Matters Effective Judicial Protection Speciality Rule +1 more

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Parties

Openbaar Ministerie

Intervener

HM

Applicant

TZ

Applicant

Procedural Posture

Reference for a Preliminary Ruling (joined Cases C 428/21 PPU and C 429/21 Ppu) / 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, regardless of whether the hearing takes place in the executing or issuing Member State, and the arrangements for exercising this right may be mutually agreed between the competent authorities, provided effective exercise is ensured.

Court Disposition

Interpretative opinion (preliminary ruling)

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 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.
  • The right may be exercised in accordance with arrangements mutually agreed between the competent authorities of the issuing and executing Member States, provided effective exercise is ensured.