Openbaar Ministerie (Independance De L’Autorite Judiciaire D’Emission) (Urgent Preliminary Ruling – European Arrest Warrant – Judgment): ECJ 17 Dec 2020

Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 6(1) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Second paragraph of Article 47 – Right of access to an independent and impartial tribunal – Systemic or generalised deficiencies – Concept of ‘issuing judicial authority’ – Taking into consideration of developments after the European arrest warrant concerned has been issued – Obligation of the executing judicial authority to determine specifically and precisely whether there are substantial grounds for believing that the person concerned will run a real risk of breach of his or her right to a fair trial if he or she is surrendered

Citations:

ECLI:EU:C:2020:1033, C-354/20, [2020] EUECJ C-354/20PPU

Links:

Bailii

Jurisdiction:

European

Extradition

Updated: 05 November 2022; Ref: scu.660742