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… It is also apparent from Article 6(3) TEU that ‘fundamental , as guaranteed by the European for the of and Fundamental Freedoms [, signed in Rome on 4 November 1950, “the ECHR”)] and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union’s law’. 14. …

… The specific procedures for applying the principle of proportionality to the issue of the 167. …

… The wording of that recital was carefully chosen because no reference is made to the person ‘surrendered’ under a . …

… Nonetheless, the Member States remain subject to the obligation to respect the fundamental enshrined in the European for the of and Fundamental Freedoms signed in Rome on 4 November 1950 or in national law, (18) including the right to an effective remedy referred to in Article 13 of the Convention and Article 47 of the Charter. …

… deprives the of any legal basis. 52. …

… . 4. …

… - Time-limit for the adoption of a final decision on the execution of the - Article 17 - Effects of failure to observe the time-limits - Rights of the requested person - Charter of Fundamental Rights of the European Union - Article 6 - to liberty - European for the of and Fundamental Freedoms - Article 5(1)(f) and (4) - Right to a speedy legal remedy for the review of the lawfulness of continued detention - Right to be released - Explanations …

… In the present case, the EU legislature decided that the final decision on the execution of a must be taken by the executing judicial authority within 60 days, that period being regarded as sufficient in the context of cooperation between Member States founded on and of limited review of executing judicial authorities. …

… Next, having regard to the evidence adduced by the respondent in the main proceedings that his life would be endangered if he were surrendered to the issuing Member State, it stated that, before a surrender could be ordered, the court had to be satisfied that his right to life under the Irish Constitution and Article 2 of the European for the of and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’), would be protected as far as was practicable …

… This Directive lays down rules concerning the right to interpretation and translation in criminal proceedings and proceedings for the execution of a . 2. …

… Recitals 14, 17 and 33 in the preamble to that directive state: ‘(14) The right to interpretation and translation for those who do not speak or understand the language of the proceedings is enshrined in Article 6 of the [European for the of and Fundamental Freedoms, signed in Rome on 4 November 1950], (5) as interpreted in the case-law of the European Court of Human Rights. This Directive facilitates the application of that right in practice. …

… Second, and in the light of the above, rules adopted on the basis of Article 82(2) TFEU must be interpreted in such a way that they are fully effective in so far as such an interpretation, which will strengthen the protection of the rights, will also strengthen and accordingly facilitate mutual recognition. …

… 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. …

… , which were also subsequently amended. …

… Since Article 50 of the Charter corresponds to Article 4 of Protocol No 7 to the European on the of and Fundamental Freedoms, (5) the present request for a preliminary ruling entails an examination of that protocol’s effect on the interpretation of the ne bis in idem principle. 5. …

… European for the of and Fundamental Freedoms 11. …

… Article 3(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the and the surrender procedures between Member States (OJ 2002 L 190, p. 1) lists ne bis in idem as a ground for the mandatory non-execution of a . …

… That corresponds to the acquis in Union law; see Articles 54 to 58 of the Schengen Convention … As regards the situations referred to by Article 4 of Protocol No 7 [to the European for the of and Fundamental Freedoms (the “ECHR”)], namely the application of the principle within the same Member State, the guaranteed right has the same meaning and the same scope as the corresponding in the ECHR’. …

… These rights have the same meaning and scope as the rights guaranteed by Article 6(2) and (3) of the European for the of and Fundamental Freedoms (‘the ECHR’). (4) 15. Article 49(3) provides that ‘[t]he severity of penalties must not be disproportionate to the criminal offence’. 16. …

… To put the same point a different way: the system of mutual recognition of financial penalty decisions put in place by the Framework Decision implies a high degree of between Member States. …

… I therefore suggest that, in order to achieve the intended objective and scope of the Framework Decision, the Court should adopt the same approach as it has already endorsed regarding the interpretation of the Framework Decision on the , (16) which similarly concerns the mutual recognition of judicial decisions in criminal matters. …

… Paragraph (1) of this Article may not be invoked by a person who enters the federal territory from a member state of the European Communities or from another third state in which the application of the Convention Relating to the Status of Refugees and of the for the of and Fundamental Freedoms is assured. …

… This was a factor that led the Court to decline an invitation to supplement the avenues for challenging a before the executing judicial authority with a requirement that the accused person had been heard by the issuing Member State before the arrest warrant was issued. …

… It is evident that, with these qualifications, the Court has aimed at establishing a high barrier against the setting aside of the principle of underlying Regulation No 343/2003. This means that the principle of may not be placed under question through systematic examination, in each procedure entailing an application for asylum, of the compliance of other Member States with their obligations under the Common European Asylum System. …

… Everyone shall have the possibility of being advised, defended and represented.’ 4 Article 48(2) of the Charter states: ‘Respect for the rights of the defence of anyone who has been charged shall be guaranteed.’ 5 Paragraph 52(3) of the Charter states: ‘In so far as this Charter contains which correspond to guaranteed by the for the of and Fundamental Freedoms [signed in Rome on 4 November 1950, “the ECHR”], the meaning and scope of those rights shall …

… . …

… That option is nevertheless accompanied by four exceptions in which the executing judicial authority may not refuse to execute the in question. …

… Second, they involve the interrelationship between, on the one hand, Article 5 of the European for the of and Fundamental Freedoms (‘the ’) and Article 6 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and, on the other, the provisions of the Framework Decision which entail the deprivation of liberty of a requested person as part of the procedures leading to the execution of a . …

… 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. …’ The Framework Decision 7. …

… 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.’ (3) The Charter 3. Article 6 of the Charter provides: ‘Everyone has the right to liberty and security of person.’ 4. …