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… Everyone shall have the possibility of being advised, defended and represented. …’ 5 The Explanations relating to the Charter of Fundamental Rights (OJ 2007 C 303, p. 17) point out that the second paragraph of Article 47 of the Charter corresponds to Article 6(1) of the European for the of and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’). 6 Article 48 of the Charter, entitled ‘Presumption of innocence and rights of defence’, states: ‘1. …

… In his submission, those changes fundamentally undermine the basis of the between the authority issuing the and the executing authority, calling the operation of the mechanism into question. 17 The person concerned relies, in particular, on the Commission’s reasoned proposal of 20 December 2017 submitted in accordance with Article 7(1) of the Treaty on European Union regarding the rule of law in Poland (COM(2017) 835 final) (‘the reasoned …

… That premiss implies and justifies the existence of between the Member States that those values will be recognised, and therefore that the EU law that implements them will be respected (judgment of 6 March 2018, Achmea, C-284/16, EU:C:2018:158, paragraph 34 and the case-law cited). 36 Both the principle of between the Member States and the principle of mutual recognition, which is itself based on the between the latter (see, to that effect, judgment of 10 August …

… Legal context European Union law The Charter 3 Article 4 of the Charter, entitled ‘Prohibition of torture and inhuman or degrading treatment or punishment’, provides: ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment.’ 4 The Explanations relating to the Charter of Fundamental Rights (OJ 2007 C 303, p. 17) state that ‘the right in Article 4 [of the Charter] is the guaranteed by Article 3 of the [European for the of and …

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… The issue of a cannot justify the individual concerned remaining in custody without any limit in time.’ …

… In my view, the situation described by the referring court is not exactly the same as that which led to the judgment in Aranyosi: - at that time (2015), the referring court stated that, based on the information available, it was satisfied that there was convincing evidence that Mr Aranyosi might be subject to conditions of detention that were in breach of Article 3 of the European for the of and Fundamental Freedoms (‘ECHR’) and Article 6 TEU, in particular as a …

… 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. 3. …

… The Act 2003, which implemented the Framework Decision, (13) provides in section 37(1): ‘A person shall not be surrendered under this Act if - (a) his or her surrender would be incompatible with the State’s obligations under - (i) the [European] [for the of and Fundamental Freedoms], or (ii) the Protocols to the [European] [for the of and Fundamental Freedoms], (b) his or her surrender would constitute a …

… He did not consent to his surrender to the Polish authorities, on the ground, in particular, that, on account of the recent legislative reforms of the Polish system of justice and of the Public Prosecutor’s Office, he runs a real risk of a flagrant denial of justice in Poland, in breach of Article 6 of the European for the of and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’). 22. …

… As I have stated above, (31) the Court relied on the possibility of accepting limitations of the principles of mutual recognition and ‘in exceptional circumstances’ and on Article 1(3) of the Framework Decision in order to find, in the judgment of 5 April 2016, Aranyosi and Căldăraru (C-404/15 and C-659/15 PPU, EU:C:2016:198), an obligation to postpone execution of the . Such limitations show that does not constitute blind trust. (32) 56. …

… for the of and Fundamental Freedoms, signed in Rome on 4 November 1950, and in the second paragraph of Article 47 of the Charter with respect to the trial procedure. …

… . … (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. …

… Directive 2012/13 6 Recitals 10, 14, 27, 28 and 41 of Directive 2012/13 state: ‘(10) 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 . …

… The case originated in an application (no. 9114/16) against Hungary lodged with the Court under Article 34 of the for the of and Fundamental Freedoms (“the ”) by a French national, Mr Patrick Royer (“the applicant”), on 11 February 2016. 2. The applicant was represented by Mr C. Meyer, a lawyer practising in Strasbourg. The Hungarian Government (“the Government”) were represented by Mr Z. Tallódi, Agent, Ministry of Justice. 3. …

… It is true that at the stage of the proceedings when the applicant submitted his complaint he had been aware of the decision of the Thonon‑Les-Bains tribunal de grande instance and the issued against him. …

… Furthermore, the applicant had been arrested under a on suspicion of having caused grievous bodily harm to K.B.V. 39. The applicant considered that he had submitted all the facts that related to the questions communicated to the parties and to the alleged violation of his rights under Article 8. …

… the law of the executing Member State for the acts on which the warrant issued against them is based. 35 Lastly, the interpretation of Article 3(3) of Framework Decision 2002/584 in paragraph 31 above is also borne out by the legislative context of the framework decision. 36 Indeed, it should be noted in that regard that, in order in particular to promote respect for the fundamental rights of minors guaranteed by the Charter and the European for the of and Fundamental …

… to proceedings in the executing Member State.’ …

… Belgian law 10 Article 4(3) of the wet betreffende het Europees aanhoudingsbevel (Law on the ) of 19 December 2003 (Belgisch Staatsblad of 22 December 2003, p. 60075, ‘the Law on the ’) states that ‘the execution of a shall be refused if the person to whom the relates cannot yet, in view of his age, be held criminally responsible under Belgian law for the acts on which the is based …

… In so far as this Charter contains which correspond to guaranteed by the for the of and Fundamental Freedoms, 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. … 7. …

… .’ …

… Legal context International law 3 Article 6 of the European for the of and Fundamental Freedoms, signed at Rome on 4 November 1950 (‘the ECHR’), which is entitled ‘Right to a fair trial’, provides: ‘1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. … 2. …

… . …’ III. …

… Article 6(1) of the European for the of and Fundamental Freedoms (3) (‘the ECHR’) provides: ‘In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. …’ B. EU law 1. The Charter 5. …

… OPINION OF ADVOCATE GENERAL BOBEK delivered on 20 December 2017 (1) Case C-571/17 PPU Openbaar Ministerie v Samet Ardic (Request for a preliminary ruling from the Rechtbank Amsterdam (District Court, Amsterdam, Netherlands)) (Reference for a preliminary ruling - - Framework Decision 2002/584/JHA - issued for the purpose of executing a custodial sentence or a detention order - Reasons for optional non-execution - Article 4a of the Framework Decision …

… Opinion 2/13 (Accession of the Union to the ECHR), of 18 December 2014 (EU:C:2014:2454), is of particular importance in that respect, since even though Article 6(2) TEU provides for the accession of the European Union to the European for the of and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’) that accession would be incompatible with Article 344 TFEU if disputes between individuals and the Member States, which are the most typical disputes …

… At the hearing, the Cypriot Government took issue with the arbitral tribunal for having ordered it ‘not to issue and not to enforce certain ’ against certain Greek nationals, even though the purpose of those warrants was to enable those individuals to participate as witnesses at the hearings before the arbitral tribunal. 192. …

… Accordingly, I do not consider that Article 8 of the BIT is inconsistent with the principle of . 268. Lastly, I am scarcely convinced by the Commission’s argument that the non-existence of BITs between the Member States which founded the European Union, or which acceded to it before 2004, proves that those treaties are based on a lack of . 269. …