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… 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. …

… 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, 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. …