Article 47 - Right to an effective remedy and to a fair trial
Article 48 - Presumption of innocence and right of defence
Key facts of the case:
Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Scope – Article 8(1)(c) – Concept of ‘enforceable judgment’ – Offence giving rise to a conviction by a court of a third State – Kingdom of Norway – Judgment recognised and enforced by the issuing State by virtue of a bilateral agreement – Article 4(7)(b) – Grounds for optional non-execution of the European arrest warrant – Extra-territorial offence.
Outcome of the case:
On those grounds, the Court (First Chamber) hereby rules:
53) Furthermore, it should be borne in mind that, in accordance with settled case-law, the rules of secondary EU law must be interpreted and applied in compliance with fundamental rights, an integral part of which is respect for the rights of the defence, flowing from the right to a fair trial, enshrined in Articles 47 and 48 of the Charter of Fundamental Rights of the European Union (‘the Charter’) (judgment of 10 August 2017, Tupikas, C‑270/17 PPU, EU:C:2017:628, paragraph 60).
58) In order to meet these requirements in a situation where the judicial authorities of a Member State recognise a judgment by which a court of a third State has imposed a custodial sentence and decide to issue a European arrest warrant following that recognition, the law of that Member State must make provision, at least at one of the two levels of protection, for judicial review to verify that, in the procedure leading to the adoption in the third State of the judgment subsequently recognised in the issuing State, the fundamental rights of the sentenced person and, in particular, the obligations arising from Articles 47 and 48 of the Charter have been complied with.
61) In the light of all of the foregoing, the answer to the first question is that Article 1(1) and Article 8(1)(c) of Framework Decision 2002/584 must be interpreted as meaning that a European arrest warrant may be issued on the basis of a judicial decision of the issuing Member State ordering the execution, in that Member State, of a sentence imposed by a court of a third State where, pursuant to a bilateral agreement between those States, the judgment in question has been recognised by a decision of a court of the issuing Member State. However, the issuing of the European arrest warrant is subject to the condition, first, that a custodial sentence of at least four months has been imposed on the requested person and, second, that the procedure leading to the adoption in the third State of the judgment recognised subsequently in the issuing Member State has complied with fundamental rights and, in particular, the obligations arising under Articles 47 and 48 of the Charter.