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… To date, the requirement of impartiality is one of the key components of the ‘right to an effective remedy and to a fair trial’ enshrined in Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and of the ‘right to a fair trial’ set out in Article 6(1) of the for the of and Fundamental Freedoms (‘the ECHR’), both of which make reference to an ‘independent and impartial tribunal [previously] established by law’. (5) It is also enounced …

… This would, inter alia, undermine the attainment of the objective of Framework Decision 2002/584 and call into question the principles of and mutual recognition which underpin that framework decision. (41) 57. …

… (Chamber of Extraordinary Control and Public Affairs of the Supreme Court - Appointment) (C-487/19, EU:C:2021:798, paragraph 130), and of 29 March 2022, Getin Noble Bank (C-132/20, EU:C:2022:235, paragraph 122). 34 Judgment of 21 December 2023, Krajowa Rada Sądownictwa (Continued holding of a judicial office) (C-718/21, EU:C:2023:1015, paragraphs 30 to 78). 35 Ibid., paragraph 60 and the case-law cited. 36 Council Framework Decision of 13 June 2002 on the and the surrender …

… ( issued against a third-country national) (C-700/21, ‘the judgment in O. …

… Moreover, 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. …

… AR, a Romanian national, and HL, a Belgian national, both residing in Belgium, were each the subject of a (‘EAW’) issued, respectively, by the Romanian and Greek judicial authorities for the purposes of executing prison sentences. …

… In that case, the applicant argued that he had not been heard in person, but the Court found no violation of the right to a fair trial provided for in Article 6(1) of the European for the of and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘ECHR’), since the competent court had taken all the measures that could reasonably have been expected of it within the applicable legal framework to ensure the presence of the accused person at the trial. …

… . (36) 60. …

… (‘EAW’), given that the conditions for issuing the latter were no longer met. (3) Moreover, the referring court requested, as an alternative to the hearing by videoconference, a temporary transfer to Italy in accordance with Article 22 of that directive. …

… The following day, the Georgian authorities sent the French authorities an extradition request similar to that submitted to the Belgian authorities and KN was detained in France for the purpose of extradition. 16 By judgment of 19 February 2025, the indictment division of the cour d’appel de Bruxelles (Court of Appeal, Brussels, Belgium), on the basis of Belgian extradition legislation and Article 3 of the European for the of and Fundamental Freedoms, signed in …

… and mutual recognition. …

… by EU law (judgments of 29 July 2024, Alchaster, C-202/24, EU:C:2024:649, paragraph 57, and of 29 July 2024, Breian, C-318/24 PPU, EU:C:2024:658, paragraph 36). 50 Concerning the governed by Framework Decision 2002/584, the Court has held that, where another Member State has adopted a decision not to execute such a warrant due to the existence of a risk of infringement of the fundamental right to a fair trial enshrined in the second paragraph of Article 47 of the Charter, …

… When that happens, the Court considers that the measures concerned should fall within the scope of the prohibition of the retroactive application of penalties enshrined in [Article 7(1) of the for the of and Fundamental Freedoms (“ECHR”), signed in Rome on 4 November 1950]. …

… See judgment of 29 July 2024, Alchaster (C-202/24, EU:C:2024:649, paragraph 98). 23 See judgment of 29 July 2024, Alchaster (C-202/24, EU:C:2024:649, paragraph 98). 24 Ibid., paragraph 92 and the case-law cited. 25 Ibid., paragraph 94 and the ECtHR case-law cited. 26 Ibid., paragraph 97. 27 The TCA is very much inspired by 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), as amended by Council …

… to refer to the relationship between EU Member States only; see judgment of 29 July 2024, Alchaster (C-202/24, EU:C:2024:649, paragraph 92 and the case-law cited). …

… 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 for the of and Fundamental Freedoms, signed in Rome on 4 November 1950,] as interpreted by the European Court of Human Rights. … … (41) This Directive respects fundamental rights and observes the principles recognised by the Charter. …

… ( issued against a third-country national), C-700/21, EU:C:2023:444), it follows, according to the referring court, from paragraph 43 of that judgment, that the situation of the accused person during the pre-trial stage of criminal proceedings is similar to that of the defendant during the trial stage of those proceedings, even if the indictment is formulated in more detail during the latter phase. …

… ( issued against a third-country national) (C-700/21, EU:C:2023:444), as well as with Article 6(3) of Directive 2012/13, in so far as Article 384(3) requires the consent of the other defendants where an agreement for settlement of the case is entered into during the trial phase of criminal proceedings brought against several persons, but not during the pre-trial phase of such proceedings. 27 Moreover, the referring court considers that an agreement for settlement of the case …

… 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. …

… 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 …

… 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 …

… 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. …