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… 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 in Rome on 4 November 1950 (‘the ECHR’)] as interpreted by the European Court of Human Rights. …

… It also lays down rules concerning the right to information of persons subject to a relating to their rights.’ 6 Article 2 of that directive, entitled ‘Scope’, provides in paragraph 1: ‘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 …

… . … (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 fact, the Court reasoned, in accordance with the procedure, a criminal sentence would have the same effect regardless of whether the first applicant lived in Romania or Italy. …

… The case originated in an application (no. 49450/17) against Romania lodged with the Court under Article 34 of the for the of and Fundamental Freedoms (“the ”) on 23 June 2017, by Ms O.C.I., who is also acting on behalf of her children, N.A.R. and P.A.R. (“the applicants”). They are all Romanian nationals. In addition, the children also hold Italian nationality. …

… That Regulation, which builds on the Hague Convention, is based on the principle of between EU member States (see Royer v. Hungary, no. 9114/16, § 50, 6 March 2018). …

… In accordance with the Court’s settled case-law, the rules of secondary legislation of the Union must be interpreted and applied in compliance with fundamental rights, an integral part of which is respect for the rights of the defence, flowing from the right to a fair trial, enshrined in Articles 47 and 48 of the Charter of Fundamental Rights of the European Union and in Article 6 of the for the of and Fundamental Freedoms, signed at Rome on 4 November 1950 (‘the …

… proceedings and that that procedural stage relates to the same offence as that giving rise to the at issue. …

… Consequently, that objective cannot be ignored by the competent authorities of the issuing Member State after the person subject to the has been surrendered. …

… on which the system is based. (34) 55. …

… The Explanations relating to the Charter (6) state that ‘the right in Article 4 [of the Charter] is the guaranteed by Article 3 of the [ for the of and Fundamental Freedoms], (7) which has the same wording … By virtue of Article 52(3) of the Charter, it therefore has the same meaning and the same scope as the ECHR Article’. (8) 2. Framework Decision 2002/584 6. …

… The established by Framework Decision 2002/584 was designed to replace the traditional extradition mechanism, which involves a decision of the executive authority, with an instrument of cooperation between the national judicial authorities based on the principles of mutual recognition of judgments and judicial decisions and between the Member States. (9) 7. …

… for the of and Fundamental Freedoms, and in Member States’ constitutions in their respective fields of application. …’ 16. …

… Article 52(3) of the Charter provides as follows: ‘In so far as the Charter contains which correspond to guaranteed by the for the of and Fundamental Freedoms, [(6)] the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection.’ 2. Directive 2014/41 15. …

… However, according to Article 52(3) of the Charter, the meaning and scope of the rights recognised therein are the same as those laid down by the ECHR and the fact, mentioned in the explanations relating to the Charter, that protection in EU law is more extensive since it guarantees the right to an effective remedy before a court, is irrelevant in the present case. 33 See, by analogy, the case-law on the and, in particular, judgments of 25 July 2018, AY (Arrest warrant - Witness …

… It has been held, for instance, that measures requiring the person concerned to report once a month to the police monitoring authority, to maintain contact with the psychiatric unit of the hospital concerned, to reside in a specific location, not to leave the municipality in which he resided and to remain at home between the hours of 22.00 and 07.00 did not constitute a deprivation of liberty within the meaning of Article 5(1) of the European for the of and Fundamental …

… or that such a warrant exists but was not mentioned. …

… The ambit of the is clearly defined by the Framework Decision. …

… Similarly, the European Court of Human Rights (‘ECtHR’) does not appear to rule out the possibility that the limitation of a freedom guaranteed by the for the of and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’), may derive from an accessible and predictable line of case-law where this is characterised by a degree of stability and followed by the lower courts. (24) 46. …

… The present request for a preliminary ruling was made in the context of the execution, in the Netherlands, of a (‘EAW’) issued by a judicial authority in the United Kingdom of Great Britain and Northern Ireland against TC for the purposes of conducting a criminal prosecution. 2. …

… OPINION OF ADVOCATE GENERAL SZPUNAR delivered on 6 November 2018 (1) Case C-492/18 (PPU) Openbaar Ministerie v TC (Request for a preliminary ruling from the rechtbank Amsterdam (District Court, Amsterdam, Netherlands)) (Reference for a preliminary ruling - Urgent preliminary ruling procedure - Police and judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - - Decision on surrender - Article 17 - Rights of the requested person - Charter of Fundamental …

… Since that date he has remained on remand in custody within that Member State, by virtue of the two to which he is subject. 13 RO raised objections to his surrender to the United Kingdom on the basis of, inter alia, the withdrawal of that Member State from the European Union and Article 3 of the European for the of and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’), claiming that he could suffer inhuman and degrading …

… According to RO, the principle of , which is at the basis of mutual recognition, has been irreparably eroded by that notification, and consequently the surrender provided for by the Framework Decision ought not to be executed. 44 In that regard, the question arises whether mere notification by a Member State of its intention to withdraw from the European Union in accordance with Article 50 TEU is such as to justify, under EU law, a refusal to execute a issued by …

… Member State, the executing Member State cannot refuse to execute that while the issuing Member State remains a member of the European Union. …

… The case originated in an application (no. 59868/08) against the Republic of Slovenia lodged with the Court under Article 34 of the for the of and Fundamental Freedoms (“the ”) by a Lithuanian national, Mr Danas Vizgirda (“the applicant”), on 2 December 2008. 2. The applicant was represented by Mr R. Završek, a lawyer practising in Ljubljana. The Slovenian Government (“the Government”) were represented by their Agent, Ms T. …

… Directive 2010/64/EU lays down common minimum rules to be applied within the European Union for the purposes of interpretation and translation in criminal proceedings and in proceedings for the execution of the . It came into force on 15 November 2010. 53. The following recitals of Directive 2010/64/EU are relevant: “... (7) Strengthening requires a more consistent implementation of the rights and guarantees set out in Article 6 of the ECHR. …

… It also requires, by means of this Directive and other measures, further development within the Union of the minimum standards set out in the ECHR and the Charter. ... (9) Common minimum rules should lead to increased confidence in the criminal justice systems of all Member States, which, in turn, should lead to more efficient judicial cooperation in a climate of . …

… R O has raised objections to his surrender to the UK with respect to issues that arise from the withdrawal of the UK from the EU and Article 3 of the European for the of and Fundamental Freedoms, signed at Rome on 4 November 1950 (‘the ECHR’), related to potential inhuman and degrading treatment which he alleges he would suffer were he to be imprisoned in Maghaberry Prison in Northern Ireland. …

… , as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, issued a (EAW) with a view to surrender by another Member State of a requested person, the legal assessment to be carried out by the judicial authorities of that other Member State when executing the EAW is not altered by virtue of the abovementioned withdrawal notification. 1 Original language: English. 2 Council Framework Decision of 13 June 2002 on the and the surrender …

… , whose surrender would otherwise be required under the national law of the Member State, (i) in all cases? …