Key facts of the case:
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and the surrender procedures between Member States — European arrest warrant issued for the purposes of enforcing a custodial sentence — Substance and form — Article 8(1)(f) — Failure to refer to an additional sentence — Validity — Consequences — Effect on detention.
Outcome of the case:
On those grounds, I propose that the Court answer the questions referred by the Hof van Cassatie (Court of Cassation, Belgium) as follows:
108 Thus, the Framework Decision includes express references to those rights. This is clear, for example, from recitals 10, 12 and 13 of the Framework Decision. More fundamentally, Article 1(3) of the Framework Decision provides that that decision is not to have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 TEU. In addition, compliance with the Charter of Fundamental Rights of the European Union is binding, as is stated in Article 51(1) of the Charter, on the Member States and, consequently, on their courts, when they are implementing EU law. That is the case when the issuing judicial authority and the executing judicial authority are applying the provisions of national law adopted to transpose the Framework Decision.
112 IK thus had every opportunity to argue the invalidity of the European arrest warrant during the surrender procedure. Furthermore, aside from a few general references to rights under Article 6 ECHR and Article 48(2) of the Charter of Fundamental Rights of the European Union, IK made no mention, either in his written observations or at the hearing, of any infringement whatsoever of his fundamental rights during the surrender procedure or even outside that procedure.