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… Calot Escobar, having decided, after hearing the Advocate General, to rule by reasoned order, pursuant to Article 99 of the Rules of Procedure of the Court of Justice, makes the following Order 1 This request for a preliminary ruling concerns the interpretation of Article 6 TEU, Article 48(2) and Article 52(3) and (4) of the Charter of Fundamental Rights of the European Union (‘the Charter’), Article 6(3)(c) of the for the of and Fundamental Freedoms, signed in …

… . 2. …

… , that judgment. 37 As a preliminary point, it is apparent from the settled case-law of the Court of Justice that both the principle of between the Member States and the principle of mutual recognition, which is itself based on the between the latter, are, in EU law, of fundamental importance given that they allow an area without internal borders to be created and maintained. …

… Legal context The for the of and Fundamental Freedoms 3 Article 7(1) of the for the of and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’), provides: ‘No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. …

… for the of and Fundamental Freedoms, signed in Rome on 4 November 1950, by relying on the guarantees offered generally by the United Kingdom as regards compliance with the ECHR and on the possibility for that person to bring an action before the European Court of Human Rights. …

… European Union law Framework Decision 2002/584/JHA 4 Recital 6 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the and the surrender procedures between Member States (OJ 2002 L 190, p. 1) states: ‘The provided for in this Framework Decision is the first concrete measure in the field of criminal law implementing the principle of mutual recognition which the European Council referred to as the “cornerstone” of judicial cooperation.’ 5 Article …

… which correspond to guaranteed by the for the of and Fundamental Freedoms, signed in Rome on 4 November 1950, that only those breaches that relate to the fundamental rules on the procedure for appointing judges and for judges to take up office are such as to infringe Article 6(1) of the ECHR (see, to that effect, ECtHR, 1 December 2020, Guðmundur Andri Ástráðsson v. …

… issued the , where that judicial authority considers that the executing judicial authority’s refusal to execute the seriously undermines the principles of and sincere cooperation, so that the Commission may take the measures it deems necessary in the light of those tasks and fully independently?’ …

… in the second paragraph of Article 47 of the Charter. 35 By the second part of its first question, that court asks whether, in the same circumstances, those provisions must be interpreted as precluding the issuing judicial authority from maintaining the in question. 36 In that regard, it is clear from settled case-law that both the principle of between the Member States and the principle of mutual recognition, which is itself based on the between …

… Since the first sentence of the second paragraph of Article 47 of the Charter corresponds to the first sentence of Article 6(1) of the for the of and Fundamental Freedoms (‘ECHR’), its meaning and scope are, in accordance with Article 52(3) of the Charter, the same as those laid down by the ECHR. …

… , where that judicial authority considers that the executing judicial authority’s refusal to execute the seriously undermines the principles of and sincere cooperation, so that the Commission may take the measures it deems necessary in the light of those tasks and fully independently?’ …

… In order to comply with the principles of and sincere cooperation, the issuing judicial authority must, in particular, refrain from maintaining a the execution of which should be refused in order to avoid an infringement of the second paragraph of Article 47 of the Charter. (4) 25. …

… Consequently, the highest level of regarding situations of surrender is found in Framework Decision 2002/584 on the . Here, as is regularly recalled by the Court, (31) recital 6 of Framework Decision 2002/584 points out that the is the first concrete measure in the field of criminal law implementing the principle of mutual recognition, which the European Council (32) referred to as the ‘cornerstone’ of judicial cooperation. 41. …

… In that regard, the referring court states that the European Court of Human Rights (‘the ECtHR’) has rejected the argument that retroactive changes to remission or early release schemes constitute an infringement of Article 7 of the for the of and Fundamental Freedoms (‘the ECHR’). However, the ECtHR considered, in the judgment in Del Río Prada v. Spain, (16) that measures taken during the enforcement of a sentence may affect its scope. …

… To this end, the Court has consistently held that executing judicial authorities may refuse to execute a only on grounds stemming from Framework Decision 2002/584, as interpreted by the Court, and that, while execution of the constitutes the rule, refusal to execute is intended to be an exception which must be interpreted strictly. (33) 42. …

… be presumed, save in exceptional circumstances, that the treatment of applicants for international protection in each Member State complies with the requirements of EU law, including those of the Charter, the Geneva , and the for the of and Fundamental Freedoms, signed in Rome on 4 November 1950 (see, to that effect, judgments of 21 December 2011, N.S. and Others, C-411/10 and C-493/10, EU:C:2011:865, paragraphs 78 to 80, and of 19 March 2019, Ibrahim …

… Member States may make an exception only where a person makes a subsequent application referred to in Article 41 or where they will surrender or extradite, as appropriate, a person either to another Member State pursuant to obligations in accordance with a … or otherwise, or to a third country or to international criminal courts or tribunals. 3. …

… Thus, a decision granting refugee status must lead that authority to refuse extradition, in accordance with those provisions, provided that that refugee status has not been revoked or withdrawn by the Member State that granted it. 65 The Common European Asylum System, which includes common criteria for the identification of persons genuinely in need of international protection, as stated in recital 12 of Directive 2011/95, is based on the principle of , in accordance with which it must …

… of the State or of the inalienable rights of the individual recognised by the Constitution, of the fundamental rights and the fundamental legal principles enshrined in Article 6 [TEU] or of the fundamental guaranteed by the [European] for the of and Fundamental Freedoms, signed in Rome on 4 November 1950 [(‘the ECHR’)] …’ 13 Under Article 18 of that law: ‘The Court of Appeal shall refuse surrender in the following cases: (a) if the offence referred to in …

… in respect of that person. …

… , which is itself based on the between the latter, are, in EU law, of fundamental importance given that they allow an area without internal borders to be created and maintained. …

… The issuing judicial authority shall be the judicial authority of the issuing Member State which is competent to issue a by virtue of the law of that State. 2. The executing judicial authority shall be the judicial authority of the executing Member State which is competent to execute the by virtue of the law of that State.’ …

… This Regulation respects the fundamental rights and observes the principles recognised by Article 6 TEU and in the Charter, in particular Title VI thereof, by international law and by international agreements to which the Union or all the Member States are party, including the European for the of and Fundamental Freedoms[, signed in Rome on 4 November 1950], and by Member States’ constitutions in their respective fields of application. … … (83) This Regulation requires …

… Legal context European Union law Framework Decision 2002/584/JHA 3 Article 1(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the and the surrender procedures between Member States (OJ 2002 L 190, p. 1) provides: ‘Member States shall execute any on the basis of the principle of mutual recognition and in accordance with the provisions of this Framework Decision.’ 4 Article 6(1) and (2) of that framework decision provides: ‘1. …

… This Directive builds on the rights laid down in the Charter, and in particular Articles 6, 47 and 48 thereof, by building upon Articles 5 and 6 [of the European for the of and Fundamental Freedoms, signed at Rome on 4 November 1950,] as interpreted by the European Court of Human Rights. … … (27) Persons accused of having committed a criminal offence should be given all the information on the accusation necessary to enable them to prepare their defence and to safeguard …

… It also lays down rules concerning the right to information of persons subject to a relating to their rights.’ 5 Article 3 of that directive, entitled ‘Right to information about rights’, provides, in paragraph 1 thereof: ‘Member States shall ensure that suspects or accused persons are provided promptly with information concerning at least the following procedural rights, as they apply under national law, in order to allow for those rights to be exercised effectively: (a) …

… . … (14) This Directive … lays down common minimum standards to be applied in the field of information about rights and about the accusation to be given to persons suspected or accused of having committed a criminal offence, with a view to enhancing among Member States. …

… Moreover, in criminal matters, the rule that Member States are to execute any on the basis of the principle of mutual recognition is not only inferred from the principle of , but is expressly mentioned in Article 1(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the and the surrender procedures between Member States (OJ 2002 L 190, p. 1). 46 Thus, by way of example, in its judgment of 10 December 2020, Shiksaitov v. …

… Consequently, in the context of the Common European Asylum System, it must be presumed that the treatment of applicants for international protection in each Member State complies with the requirements of the Charter, the Geneva and the for the of and Fundamental Freedoms. (38) That applies, in particular, to the application of Article 33(2)(a) of Directive 2013/32, (39) which constitutes, in the context of the Common European Asylum System established …

… by that directive, an expression of the principle of . (40) 62. …