search

… 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 at Rome on 4 November 1950 (“the ECHR”)] as interpreted by the European Court of Human Rights. …

… Directive 2013/48 8 Recitals 12, 20 and 50 of Directive 2013/48 provide: ‘(12) This Directive lays down minimum rules concerning the right of access to a lawyer in criminal proceedings and in proceedings for the execution of a pursuant to 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)] … and the right to have a third party informed upon deprivation of liberty and …

… Member States shall ensure that suspects or accused persons in criminal proceedings, as well as requested persons in proceedings, have an effective remedy under national law in the event of a breach of the rights under this Directive. 2. …

… (2) If the answer to the first question is in the affirmative, are Article 1(2) and (3) and Articles 3 and 4 of [the EAW Framework Decision] compatible with Articles 7 and 24(3) of [the Charter], also considering the case-law of the European Court of in relation to Article 8 of the [ for the of and Fundamental Freedoms (ECHR), signed in Rome on 4 November 1950] and the constitutional traditions common to the Member States, in so far as they require the …

… For the first time before this Court, a situation arose where a (‘EAW’) was issued for the execution of a prison sentence against one such mother. Is the best interest of the child relevant for the execution of such an EAW? 3. …

… In that respect, the two-step test, as the guardian of the principle of , is irrelevant for answering the question whether the execution of an EAW may be refused in order to protect the best interests of the child. (25) 44. …

… Note also that Article 4 of Protocol No 7 to the for the of and Fundamental Freedoms refers to final acquittal or conviction. 11 See, to that effect, judgment of 5 June 2014, M (C-398/12, EU:C:2014:1057, paragraphs 28 and 29 and the case-law cited). 12 Opinion of Advocate General Ruiz-Jarabo Colomer in van Straaten (C-150/05, EU:C:2006:381, point 65). 13 See, inter alia, judgments of 15 October 2002, Limburgse Vinyl Maatschappij and Others v Commission (C-238/99 …

… In addition, on this side of the scale too there is an EU-related interest that deserves serious consideration: . It follows from consistent case-law that can be maintained and reinforced only if the authorities of a Member State can satisfy themselves that, in another Member State, there has been a proper assessment of the criminal liability of a suspected offender. (44) In the absence of any such assessment, there is simply no basis for to operate. …

… On the relationship between the two concepts, see judgment of 22 March 2022, Nordzucker and Others (C-151/20, EU:C:2022:203, paragraph 62 and the case-law cited). 40 See judgment of 12 May 2021, Bundesrepublik Deutschland (Interpol red notice) (C-505/19, EU:C:2021:376, paragraph 79 and the case-law cited). 41 See, to that effect, judgments of 29 April 2021, X ( - Ne bis in idem) (C-665/20 PPU, EU:C:2021:339, paragraph 97), and the judgment in AB and Others, paragraph 58. 42 …

… guaranteed by the for the of and Fundamental Freedoms, signed at Rome on 4 November 1950 (‘ECHR’), which does not preclude EU law from affording more extensive protection. …

… 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 at Rome on 4 November 1950,] as interpreted by the European Court of Human Rights. … … (19) The competent authorities should inform suspects or accused persons promptly of those rights, as they apply under national law, which are essential to safeguarding the fairness …

… proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty, if necessary having obtained legal aid as provided in Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in proceedings, and where they, like …

… This is a broader concept than the one of ‘issuing judicial authority’ for the purposes of the , which excludes a public prosecutor. …

… Nevertheless, those rights are protected at least at the level of the Charter and the for the of and Fundamental Freedoms (ECHR). Harmonisation, after all, inevitably leads to a weakening of the protection of fundamental rights in Member States with a higher prior level of protection, (77) unless the highest standard is adopted as a common rule. 114. That, however, is the price of building a future together. 115. …

… (eds.), Fundamental Rights in the EU Area of Freedom, Security and Justice, Cambridge University Press, 2021, pp. 8-9 (arguing that fundamental rights concerns triggered an incremental limiting of , visible in the development of the Court’s case-law and positive harmonisation in the AFSJ). 58 See, for example, Articles 3, 4 and 4a of the Council Framework Decision of 13 June 2002 on the and the surrender procedures between Member States (OJ 2002 L 190, p. 1), as …

… More importantly for the present case, it is expressly recognised as a fundamental right in Article 50 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and in Article 4 of Protocol No 7 to the for the of and Fundamental Freedoms (‘Protocol No 7’). 2. …

… In addition, on this side of the scale too there is an EU-related interest that deserve serious consideration: . It follows from consistent case-law that can be maintained and reinforced only if the authorities of a Member State can satisfy themselves that, in another Member State, there has been a proper assessment of the criminal liability of a suspected offender. (77) 117. …

… On the relationship between the two concepts, see judgment of 22 March 2022, Nordzucker and Others (C-151/20, EU:C:2022:203, paragraph 62 and the case-law cited). 73 See judgment of 12 May 2021, Bundesrepublik Deutschland (Interpol red notice) (C-505/19, EU:C:2021:376, paragraph 79 and the case-law cited). 74 See, to that effect, judgments of 29 April 2021, X ( - Ne bis in idem) (C-665/20 PPU, EU:C:2021:339, paragraph 97), and the judgment in AB and Others, paragraph 58. 75 …

… This Directive builds on the rights laid down in the Charter [of Fundamental Rights of the European Union (“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 (“the ECHR”)], as interpreted by the European Court of Human Rights. … (22) Where suspects or accused persons are arrested or detained, information about applicable procedural rights …

… It also lays down rules concerning the right to information of persons subject to a relating to their rights.’ 5 According to Article 2(1) of that directive: ‘This Directive applies from the time persons are made aware by the competent authorities of a Member State that they are suspected or accused of having committed a criminal offence until the conclusion of the proceedings, which is understood to mean the final determination of the question whether the suspect or accused …

… Legal framework European Union law 3 Recitals 14, 22, 27 and 28 of Directive 2012/13 state: ‘(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. …

… In this regard, it recalls that the European Court of Human Rights (‘the ECtHR’) has repeatedly condemned Bulgaria for infringing Articles 3 and 8 of the for the of and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’). 21. …

… Member States shall ensure that suspects or accused persons in criminal proceedings, as well as requested persons in proceedings, have an effective remedy under national law in the event of a breach of the rights under this Directive. 2. …

… In proclaiming the ‘right to liberty’, it does not refer to mere restrictions on freedom of movement, which fall under Article 2 of Protocol No. 4 to the for the of and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto, signed in Strasbourg on 16 September 1963, but concerns the physical freedom of the person; the purpose of this provision is to ensure that no one is arbitrarily …

… 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. …

… for the of and Fundamental Freedoms, signed in Rome on 4 November 1950, which must be taken into account when interpreting Article 47 of the Charter (see, to that effect, judgment of 26 October 2021, Openbaar Ministerie (Right to be heard by the executing judicial authority), C-428/21 PPU and C-429/21 PPU, EU:C:2021:876, paragraph 64), that the jurisdiction of a court to hear a case, under the relevant national rules, is part of the requirement to have a ‘tribunal established …

… be noted at the outset that no provision of Framework Decision 2002/584 excludes the issuing of several successive against a person, including where the execution of a first concerning that person has been refused. 141 Furthermore, such an issuing of a may prove necessary, in particular after the factors which prevented the execution of a previous have been ruled out or, where the decision refusing to …

… , within the meaning of Article 6(1) of Framework Decision 2002/584. …

… In addition, it must be emphasised that, in accordance with recital 14 of Directive 2012/13, that directive rests on the rights laid down in the Charter, and in particular Articles 6, 47 and 48 thereof, by building on Articles 5 and 6 of the for the of and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’), as interpreted by the European Court of Human Rights (‘the ECtHR’), and that the term ‘accusation’ is used to describe the same concept as …

… I note that, in the judgment of 26 February 2013, Melloni (C-399/11, EU:C:2013:107, paragraphs 55 to 64), the Court held, in consideration of the principles of and mutual recognition, that the automatic nature of the surrender of a person convicted in absentia who is the subject of a is binding even where the executing Member State develops in its constitutional order a stricter concept of the right to a fair trial. 82 The answer which the Court is required to …