RH (area of freedom, security and justice - Urgent preliminary ruling procedure - Public references to guilt - Order) [2019] EUECJ C-8/19PPU_CO (12 February 2019)

RH (area of freedom, security and justice - Urgent preliminary ruling procedure - Public references to guilt - Order) [2019] EUECJ C-8/19PPU_CO (12 February 2019)

Article 267 TFEU and Article 47(2) of the Charter preclude national legislation that obliges courts to adjudicate on pre-trial detention without the opportunity to refer questions to the Court of Justice or to wait for its reply. Articles 4 and 6 of Directive (EU) 2016/343, read with Recital 16, do not preclude courts from weighing incriminating and exculpatory evidence and giving reasons for pre-trial detention decisions, provided the decision does not present the person as guilty.

Citation
[2019] EUECJ C-8/19PPU_CO
Parties
Accused: RH; Referring Court: Spetsializiran nakazatelen sad (Specialised Criminal Court, Bulgaria)
Jurisdiction
European Union
Judgment Date
12 February 2019
Procedural Posture
Preliminary Ruling (urgent Procedure) / Order on Reference for Preliminary Ruling
Outcome
Preliminary ruling issued; national law precluding reference or waiting for CJEU reply is incompatible with EU law; presumption of innocence requirements clarified.
Legal Topics
Pre Trial Detention, Presumption of Innocence, Judicial Cooperation in Criminal Matters, Right to a Fair Trial, Judicial Independence, Preliminary Ruling Procedure
Criminal Law European Union Law Human Rights Law Pre Trial Detention Presumption of Innocence Judicial Cooperation in Criminal Matters Right to a Fair Trial Judicial Independence +1 more

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Parties

RH

Accused

Spetsializiran nakazatelen sad (Specialised Criminal Court, Bulgaria)

Referring Court

Procedural Posture

Preliminary Ruling (urgent Procedure) / Order on Reference for Preliminary Ruling

Legal Issues

  1. 1 Whether national law can require courts to adjudicate on pre-trial detention without allowing reference to the Court of Justice or waiting for its reply
  2. 2 Whether presumption of innocence precludes courts from weighing incriminating and exculpatory evidence and giving reasons for pre-trial detention decisions

Ratio Decidendi

Article 267 TFEU and Article 47(2) of the Charter preclude national legislation that obliges courts to adjudicate on pre-trial detention without the opportunity to refer questions to the Court of Justice or to wait for its reply. Articles 4 and 6 of Directive (EU) 2016/343, read with Recital 16, do not preclude courts from weighing incriminating and exculpatory evidence and giving reasons for pre-trial detention decisions, provided the decision does not present the person as guilty.

Court Disposition

Preliminary ruling issued; national law precluding reference or waiting for CJEU reply is incompatible with EU law; presumption of innocence requirements clarified.

Orders

  • Article 267 TFEU and Article 47(2) Charter preclude national law obliging courts to adjudicate pre-trial detention without possibility to refer or wait for CJEU reply.
  • Articles 4 and 6 of Directive (EU) 2016/343, with Recital 16, do not preclude courts from weighing evidence and giving reasons for pre-trial detention, provided the decision does not present the person as guilty.