Balogh (Judgment) [2016] EUECJ C-25/15 (09 June 2016)

Balogh (Judgment) [2016] EUECJ C-25/15 (09 June 2016)

Directive 2010/64/EU does not apply to special national procedures for recognition of foreign criminal judgments, as such procedures occur after the final determination of criminal liability and do not affect the right to a fair trial. Framework Decision 2009/315/JHA and Decision 2009/316/JHA preclude national legislation requiring a special judicial recognition procedure for foreign criminal judgments prior to their entry in the criminal record, as this undermines the objectives of rapid, effective, and standardized exchange of criminal record information within the EU.

Citation
[2016] EUECJ C-25/15
Parties
Convicted Person: Mr István Balogh; Referring Court: Budapest Környéki Törvényszék (Budapest Regional Court, Hungary); Convicting Court: Landesgericht Eisenstadt (Regional Court, Eisenstadt, Austria)
Jurisdiction
European Union
Judgment Date
09 June 2016
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union
Outcome
Directive 2010/64/EU is not applicable to national special procedures for recognition of foreign criminal judgments; Framework Decision 2009/315/JHA and Decision 2009/316/JHA preclude national legislation establishing such a special procedure.
Legal Topics
Mutual Recognition of Criminal Judgments, Exchange of Criminal Record Information, Right to Interpretation and Translation, Costs of Translation in Criminal Proceedings
European Union Law Criminal Law Procedural Law Mutual Recognition of Criminal Judgments Exchange of Criminal Record Information Right to Interpretation and Translation Costs of Translation in Criminal Proceedings

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Parties

Mr István Balogh

Convicted Person

Budapest Környéki Törvényszék (Budapest Regional Court, Hungary)

Referring Court

Landesgericht Eisenstadt (Regional Court, Eisenstadt, Austria)

Convicting Court

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union

Legal Issues

  1. 1 Whether Directive 2010/64/EU applies to national special procedures for recognition of foreign criminal judgments
  2. 2 Whether Framework Decision 2009/315/JHA and Decision 2009/316/JHA preclude national legislation requiring a special recognition procedure for foreign criminal judgments

Ratio Decidendi

Directive 2010/64/EU does not apply to special national procedures for recognition of foreign criminal judgments, as such procedures occur after the final determination of criminal liability and do not affect the right to a fair trial. Framework Decision 2009/315/JHA and Decision 2009/316/JHA preclude national legislation requiring a special judicial recognition procedure for foreign criminal judgments prior to their entry in the criminal record, as this undermines the objectives of rapid, effective, and standardized exchange of criminal record information within the EU.

Court Disposition

Directive 2010/64/EU is not applicable to national special procedures for recognition of foreign criminal judgments; Framework Decision 2009/315/JHA and Decision 2009/316/JHA preclude national legislation establishing such a special procedure.

Orders

  • Article 1(1) of Directive 2010/64/EU must be interpreted as meaning that the directive is not applicable to a national special procedure for recognition by the court of a Member State of a final judicial decision handed down by a court of another Member State convicting a person for an offence.
  • Framework Decision 2009/315/JHA and Decision 2009/316/JHA must be interpreted as precluding the implementation of national legislation establishing such a special procedure.