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… . …’ 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. …

… 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. …

… 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. …