Article 48 - Presumption of innocence and right of defence
Article 47 - Right to an effective remedy and to a fair trial
(a) Article 1(a)(iii) of the Framework Decision must be interpreted as meaning that a ‘court having jurisdiction in particular in criminal matters’ is a court before which the person concerned will benefit from the rights guaranteed by Article 6(1), (2) and (3) of the European Convention on Human Rights when the case is tried.
(b) It is for the competent authority in the executing State to determine whether an Austrian independent administrative tribunal (Unabhängiger Verwaltungssenat) is to be regarded as a ‘court having jurisdiction in particular in criminal matters’ within the meaning of Article 1(a)(iii) of the Framework Decision.
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