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… 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 ECHR 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. …

… .’ 24 Point D of Annex 2 to the OLW, entitled ‘Template for the …’ corresponds to point (d) of the annex of Framework Decision 2002/584. …

… 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. …

… That further states that Mr. …

… Legal context International law ECHR 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. …

… Article 6(1) of the European for the of and Fundamental Freedoms (4) (‘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 10. …

… Article 12 provides that: ‘surrender will not be allowed if the was issued for the purpose of enforcing a sentence if the suspect did not appear in person at the court hearing resulting in the judgment, unless the states, in accordance with the procedural requirements of the issuing Member State’, that one of the four situations described in that provision has arisen. …

… . 2. …

… Article 6(1) of the European for the of and Fundamental Freedoms (4) (‘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 8. …

… Article 12 provides that ‘surrender will not be allowed if the was issued for the purpose of enforcing a sentence if the suspect did not appear in person at the court hearing resulting in the judgment, unless the states, in accordance with the procedural requirements of the issuing Member State’, that one of the four situations described in that provision has arisen. …

… The Union shall accede to the European for the of and Fundamental Freedoms [signed in Rome on 4 November 1950 (“ECHR”)]. Such accession shall not affect the Union’s competences as defined in the Treaties. 3. Fundamental rights, as guaranteed by [the ECHR] and as they result from the constitutional traditions common to the Member States, are to constitute general principles of the Union’s law.’ 2. The Charter 5. …

… , and litigation’ (Procedure 2013/2019(INL). …

… 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 Union shall accede to the European for the of and Fundamental Freedoms [signed in Rome on 4 November 1950 (“ECHR”)]. Such accession shall not affect the Union’s competences as defined in the Treaties. 3. Fundamental rights, as guaranteed by [the ECHR] and as they result from the constitutional traditions common to the Member States, are to constitute general principles of the Union’s law.’ 2. The Charter 4. …

… , and litigation’. …

… will be based’. (30) 59. …

… The Union shall accede to the European for the of and Fundamental Freedoms [signed in Rome on 4 November 1950 (“ECHR”)]. Such accession shall not affect the Union’s competences as defined in the Treaties. 3. Fundamental rights, as guaranteed by the [ECHR] and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union’s law.’ 2. The Charter 4. …

… Ultimately, they cannot guarantee respect for the fundamental rights and freedoms, the foundation of the on which the system in the Framework Decision is based. 33. …

… 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. …

… However, [the] Framework Decision [governing the ] does not allow Member States to refuse to execute a when the person concerned is in one of the situations provided for ... 62. …

… The Union shall accede to the European for the of and Fundamental Freedoms. Such accession shall not affect the Union’s competences as defined in the Treaties. 3. Fundamental , as guaranteed by the European for the of and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union’s law.” 38. …

… That framework decision effects a harmonisation of the conditions of execution of a in the event of a conviction rendered in absentia, which reflects the consensus reached by all the Member States regarding the scope to be given under EU law to the procedural rights enjoyed by persons convicted in absentia who are the subject of a . 63. …

… According to recital 8 of Framework Decision 2009/299: ‘The right to a fair trial of an accused person is guaranteed by the for the of and Fundamental Freedoms, as interpreted by the European Court of Human Rights. This right includes the right of the person concerned to appear in person at the trial. In order to exercise this right, the person concerned needs to be aware of the scheduled trial. …

… According to that case-law, the right to appear - which derives from the object and purpose of Article 6 of the European for the of and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘ECHR’) taken as a whole (22) - is not absolute and, on certain conditions, the accused may waive of his own free will, either expressly or tacitly, but in an unequivocal manner, the right to appear. …

… . …’ B - Netherlands law 10. …

… Legal context ECHR 3 Under the heading ‘Prohibition of torture’, Article 3 of the European for the of and Fundamental Freedoms (‘ECHR’), signed in Rome on 4 November 1950, provides: ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment.’ 4 Article 15 ECHR, headed ‘Derogation in time of emergency’, provides: ‘1. …

… . …

… ). 78 Both the principle of between the Member States and the principle of mutual recognition are, in EU law, of fundamental importance given that they allow an area without internal borders to be created and maintained. …