Spetsializirana prokuratura (Urgent preliminary ruling procedure - Judicial cooperation in criminal matters - Judgment) [2019] EUECJ C-653/19PPU (28 November 2019)

Spetsializirana prokuratura (Urgent preliminary ruling procedure - Judicial cooperation in criminal matters - Judgment) [2019] EUECJ C-653/19PPU (28 November 2019)

Article 6 of Directive (EU) 2016/343 and Articles 6 and 47 of the Charter do not apply to national law making release from detention conditional on the accused establishing new circumstances; allocation of burden of proof in such procedural matters is governed solely by national law.

Citation
[2019] EUECJ C-653/19PPU
Parties
Accused: DK; Referring Court: Spetsializiran nakazatelen sad (Specialised Criminal Court, Bulgaria)
Jurisdiction
European Union
Judgment Date
28 November 2019
Procedural Posture
Preliminary Ruling / Reference for Preliminary Ruling Under Urgent Procedure
Outcome
Reference answered; EU law does not preclude national rule.
Legal Topics
Presumption of Innocence, Burden of Proof, Detention on Remand, Right to Fair Trial
Criminal Law European Union Law Presumption of Innocence Burden of Proof Detention on Remand Right to Fair Trial

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Parties

DK

Accused

Spetsializiran nakazatelen sad (Specialised Criminal Court, Bulgaria)

Referring Court

Procedural Posture

Preliminary Ruling / Reference for Preliminary Ruling Under Urgent Procedure

Legal Issues

  1. 1 Does Article 6 of Directive (EU) 2016/343 and Articles 6 and 47 of the Charter preclude a national law requiring new circumstances for release from detention on remand?

Ratio Decidendi

Article 6 of Directive (EU) 2016/343 and Articles 6 and 47 of the Charter do not apply to national law making release from detention conditional on the accused establishing new circumstances; allocation of burden of proof in such procedural matters is governed solely by national law.

Court Disposition

Reference answered; EU law does not preclude national rule.

Orders

  • Article 6 of Directive (EU) 2016/343 and Articles 6 and 47 of the Charter do not apply to a national law that makes release from detention on remand conditional on the accused establishing new circumstances.