Article 51 - Field of application
Key facts of the case:
Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 8(1)(c) — Obligation to include in the European arrest warrant information concerning the existence of an ‘arrest warrant’ — No national arrest warrant issued prior to and separately from the European arrest warrant — Effect
Outcome of the case:
On those grounds, the Court (Second Chamber) hereby rules:
33) The principle of mutual recognition on which the European arrest warrant system is based is itself founded on the mutual confidence between the Member States that their national legal systems are capable of providing equivalent and effective protection of the fundamental rights recognised at EU level, particularly in the Charter of Fundamental Rights of the European Union (judgment of 5 April 2016 in Aranyosi and Căldăraru, C‑404/15 and C‑659/15 PPU, EU:C:2016:198, paragraph 77 and the case-law cited).
34) Lastly, it should be observed that 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, which 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 (see, to that effect, judgment of 5 April 2016 in Aranyosi and Căldăraru, C‑404/15 and C‑659/15 PPU, EU:C:2016:198, paragraph 84).