ECJ (Grand Chamber) Police and judicial cooperation in criminal matters – Articles 34 EU and 35 EU – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Protection of vulnerable persons – Hearing of minors as witnesses – Effects of a framework decision.
‘When applying the national law, the national court that is called on to interpret it must do so as far as possible in the light of the wording and purpose of the framework decision in order to attain the result which it pursues and thus comply with article 34.2(b) EU.’
Citations:
C-105/03, [2005] EUECJ C-105/03, Times 14-Jul-2005, [2006] QB 83
Links:
Statutes:
Framework Decision 2001/220/JHA
Jurisdiction:
Human Rights
Cited by:
Cited – Dabas v High Court of Justice, Madrid HL 28-Feb-2007
The defendant sought to appeal his extradition to Spain to face terrorism charges. He complained that the certificate required under the 2003 Act could not be the European arrest warrant itself, that the offence did not satisfy the double . .
Cited – Pilecki v Circuit Court of Legnica, Poland HL 6-Feb-2008
The defendant appealed against an extradition order made under a European Arrest Warrant to ensure that he served a sentence of imprisonment in Poland. The warrant was in respect of several sentences, some of which were for more and some for less . .
Cited – Caldarelli v Court of Naples HL 30-Jul-2008
The appellant challenged his extradition saying that the European Arrest Warrant under which he was held wrongly said that he was convicted, whilst he said he was wanted for trial. He had been tried in his absence, and the judgment and sentence were . .
Cited – Louca v A German Judicial Authority SC 19-Nov-2009
The defendant resisted extradition saying that the European Arrest Warrant was defective in not revealing the existence of two earlier such warrants. He said that absence of such information would hinder a court which was concerned as to possible . .
Cited – Regina v Magro CACD 8-Jul-2010
Each defendant appealed against confiscation orders made when the sentence imposed was an absolute or conditional discharge. They said that Clarke made such orders unlawful.
Held: The decision in Clarke was a difficult limitation on the . .
Cited – Assange v The Swedish Prosecution Authority SC 30-May-2012
The defendant sought to resist his extradition under a European Arrest Warrant to Sweden to face charges of sexual assaults. He said that the prosecutor who sought the extradition was not a judicial authority within the Framework Decision.
Cited – French v Public Prosecutor of The Central Department of Investigation and Prosecution In Lisbon Portugal PC 13-Jun-2013
(Gibraltar) Mr French appealed against refusal of his request to have set aside an order for his extradition under a European Arrest Warrant. He argued that (in general) the court had failed to deal with the matter within the mandatory time limits. . .
Cited – Goluchowski and SAS v District Court and Circuit Court In Poland SC 29-Jun-2016
The appellants challenged the effectiveness of European Arrest Warrants, saying that the requests were deficient in not providing adequate details of warrants issued in support of the decisions. They had been convicted and sentenced to terms of . .
Lists of cited by and citing cases may be incomplete.
European, Police, Extradition
Updated: 01 July 2022; Ref: scu.226968