Article 47 - Right to an effective remedy and to a fair trial
Key facts of the case:
Request for a preliminary ruling from the Westminster Magistrates’ Court. Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 8(1)(c) – European arrest warrant issued by the public prosecutor’s office of a Member State for the purposes of a criminal prosecution on the basis of a detention order issued by the same authority – No judicial review prior to surrender of the requested person – Consequences – Effective judicial protection – Article 47 of the Charter of Fundamental Rights of the European Union.
Outcome of the case:
On those grounds, the Court (First Chamber) hereby rules:
Article 8(1)(c) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union and the case-law of the Court, must be interpreted as meaning that the requirements inherent in the effective judicial protection that must be afforded to a person who is the subject of a European arrest warrant for the purpose of criminal prosecution are not satisfied where both the European arrest warrant and the judicial decision on which that warrant is based are issued by a public prosecutor – who may be classified as an ‘issuing judicial authority ’ within the meaning of Article 6(1) of that framework decision – but cannot be reviewed by a court in the issuing Member State prior to the surrender of the requested person by the executing Member State.
1) This request for a preliminary ruling concerns the interpretation of Article 8(1)(c) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2002 L 190, p. 1), as amended by Council Framework Decision 2009/299/JHA of 26 February 2009 (OJ 2009 L 81, p. 24) (‘Framework Decision 2002/584’), read in the light of Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’).
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34) By its question, the referring court asks, in essence, whether Article 8(1)(c) of Framework Decision 2002/584, read in the light of Article 47 of the Charter and the case-law of the Court, must be interpreted as meaning that the requirements inherent in the effective judicial protection that must be afforded to a person who is the subject of a European arrest warrant for the purpose of criminal prosecution are satisfied where both the European arrest warrant and the judicial decision on which that warrant is based are issued by a public prosecutor – who may be classified as an ‘issuing judicial authority’ within the meaning of Article 6(1) of that framework decision – but cannot be reviewed by a court in the issuing Member State prior to the surrender of the requested person by the executing Member State.
58) Admittedly, in implementing Framework Decision 2002/584, the Member States retain, in accordance with their procedural autonomy, the option of adopting rules which may differ from one Member State to another. However, they must ensure that those rules do not frustrate the requirements arising from that framework decision, in particular as regards the judicial protection, guaranteed by Article 47 of the Charter, which underpins it.
59) It follows therefrom that the objective of Framework Decision 2002/584 which, by establishing a new simplified and more effective system for surrendering persons convicted or suspected of having infringed criminal law, seeks to facilitate and accelerate judicial cooperation between the judicial authorities of the issuing Member State and those of the Member State executing a European arrest warrant, can only be achieved through respect for fundamental rights and legal principles, as enshrined in Article 6 TEU and reflected in the Charter, an obligation which, moreover, concerns all Member States, and in particular both the issuing and the executing Member State (see, to that effect, judgment of 12 February 2019, TC, C‑492/18 PPU, EU:C:2019:108, paragraphs 41 and 54 and the case-law cited).
60) In the light of all these considerations, the answer to the question submitted is that Article 8(1)(c) of Framework Decision 2002/584, read in the light of Article 47 of the Charter and the case-law of the Court, must be interpreted as meaning that the requirements inherent in the effective judicial protection that must be afforded to a person who is the subject of a European arrest warrant for the purpose of criminal prosecution are not satisfied where both the European arrest warrant and the judicial decision on which that warrant is based are issued by a public prosecutor – who may be classified as an ‘issuing judicial authority’ within the meaning of Article 6(1) of that framework decision – but cannot be reviewed by a court in the issuing Member State prior to the surrender of the requested person by the executing Member State.
