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… ) refused to execute that on the basis of Article 4, 5°, of the Law of 19 December 2003 on the ground that the conditions of detention in Romania would expose AR to the risk of the breach of his fundamental referred to in Article 3 of the for the of and Fundamental Freedoms, signed in Rome on 4 November 1950 (ECHR). 14 The ministère public (Public Prosecutor’s Office) appealed against that order before the chambre de mises en accusation …

… the operation of the is not brought to a standstill. …

… , in Greece, a five-year prison sentence (Case C-91/24) (together, ‘the at issue’). …

… proceedings. (15) 32. …

… They are, moreover, largely based on enshrined in the European for the of and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’), and in particular Article 6 thereof. In that regard, it is apparent from the Explanations relating to the Charter (11) that that article of the ECHR corresponds to the second and third paragraphs of Article 47 and to Article 48 of the Charter. …

… . …

… by the [European] for the of and Fundamental Freedoms, as interpreted by the European Court of Human Rights. …

… .’ …

… for the of and Fundamental Freedoms [signed in Rome on 4 November 1950], as interpreted by the European Court of Human Rights. …

… Belgium (EC:ECHR:2014:0904JUD000014010), Article 3 of the European for the of and Fundamental Freedoms prohibits, in particular, a life sentence from being irreducible de jure and de facto (§ 113). …

… More generally, the Commission points out that ‘applying the proportionality check before issuing [a ] can reinforce among Member State’s competent authorities’, which contributes to ‘the effective operation of the [ ] throughout the [European] Union’. (9) 4. …

… It is clear from the case-law of the European Court of Human Rights that the ‘gross disproportionality’ between the offence and the penalty may be examined in the light of Article 3 of the European for the of and Fundamental Freedoms. (77) However, I consider that the executing judicial authority could find that the sentence handed down in the issuing Member State clearly exceeds with an extreme degree of severity what is necessary to punish the offence in question …

… Decision 2002/584/JHA - Article 12 and Article 23(5) - Keeping the requested person in detention - Article 5(1)(f) of the European for the of and Fundamental Freedoms - Case-law of the European Court of Human Rights) Introduction 1. …

… However, that principle of has as its necessary counterpart respect for fundamental rights. …

… Union and Article 5 of the for the of and Fundamental Freedoms, must be interpreted as: - precluding national legislation which requires the executing judicial authority, when deciding to recognise a and order its execution, automatically to issue a decision to detain the requested person until his or her actual surrender, without an individual examination of the circumstances of the case; - not precluding the detention of the requested …

… The findings of the Court in the judgment in Alchaster I are decisive for understanding the rule of speciality. (17) The Court clarified that, unlike the (EAW) regime, which rests on between Member States, the TCA establishes a regime of reciprocal cooperation subject to safeguards. 39. …

… The cooperation provided for in this Part is based on the Parties’ and Member States’ long-standing respect for democracy, the rule of law and the protection of fundamental rights and freedoms of individuals, including as set out in the Universal Declaration of Human Rights [adopted by the General Assembly of the United Nations on 10 December 1948] and in the [ for the of and Fundamental Freedoms (ECHR) (6)], and on the importance of giving effect to the rights and …

… This regime is underpinned by a high level of between Member States, particularly in the context of the area of freedom, security and justice. …

… Article 3(1)(1) of Framework Decision 2002/584/JHA on the and the surrender procedures between Member States (22) includes, among the grounds for mandatory non-execution of the , the case in which the offence on which the warrant is based is covered by amnesty in the executing Member State, where that State had jurisdiction to prosecute the offence under its own criminal law. …

… (3) Should Article 325 TFEU and [Regulation No 2988/95], in conjunction with Article 47 of the Charter and Article 6 of the [ for the of and Fundamental Freedoms], be interpreted as meaning that they are not compatible with the provisions of Article 13(3) in fine of the LOA, bearing in mind that that provision does not contain any type of mechanism (procedure, legal action, etc.) that would allow the parties that have brought the accounting action (in the present …

… (7) Should [Article] 2 and [Article] 19(1)(2) TEU, Article 47 of the Charter and Article 6 of the [ for the of and Fundamental Freedoms] be interpreted as meaning that they are not compatible with the provisions of Article 13(3) of the LOA (finding of no [liability in respect of public funds] in proceedings at first instance), in so far as this provision does not permit a prior hearing for a public sector body (despite the fact that that body has the ex lege right …

… 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. …