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… 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. …

… Article 4 of Protocol No 7 to the for the of and Fundamental Freedoms, Article 54 of the CISA and Article 50 of the Charter relate, like Article 3(2) of the Framework Decision, to a final acquittal or sentence. …

… In national law, the ne bis in idem principle thus finds expression in Article 4 of Protocol No 7 to the for the of and Fundamental Freedoms, signed on 22 November 1984, at least for the Member States which have acceded thereto. (13) Article 4 of Protocol No 7 provides: ‘1. …

… It applies to all the measures taken in the context of the European Union, (35) since, by virtue of Article 6 EU, the Union is founded on the principle of the rule of law and it respects fundamental , as guaranteed by the European for the of and Fundamental Freedoms, signed in Rome on 4 November 1950, and as they result from the constitutional traditions common to the Member States. 88. …

… On the other hand, a Member State cannot, in the context of implementing a framework decision, undermine the principle of non-discrimination as a fundamental principle enshrined, inter alia, in Article 14 of the European for the of and Fundamental Freedoms signed at Rome on 4 November 1950 (‘the ECHR’), and in Article 21 of the Charter of Fundamental Rights of the European Union, proclaimed at Nice on 7 December 2000. (35) 116. …

… For other offences, the executing Member State may make the surrender of a person who is the subject of a subject to the condition of their double criminality. 20. Articles 3 and 4 of the framework decision contain, respectively, the grounds for mandatory non-execution and the grounds for optional non-execution of the . …

… Article 1 of the framework decision is entitled ‘Definition of the and obligation to execute it’. It provides: ‘1. The is a judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order. 2. …

… First, all Member States have shown, by establishing the European Communities or acceding to them, that they adhere to the rule of law and observe fundamental rights, such as those laid down in the European for the of and Fundamental Freedoms, signed in Rome on 4 November 1950 and, since 7 December 2000, in the Charter of Fundamental Rights of the European Union. …

… Consequently, if, under the legislation of the Member State of execution, the fact that a national of a third State stays there illegally and commits crimes there systematically means that he is not allowed to remain in that State when his sentence comes to an end, subject to compliance with the guaranteed by the European for the of and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union, he cannot be regarded as a resident within …

… Article 17 of the Framework Decision lays down the time-limits and procedures for the decision to execute the . It provides: ‘1. A shall be dealt with and executed as a matter of urgency. 2. In cases where the requested person consents to his surrender, the final decision on the execution of the should be taken within a period of 10 days after consent has been given. 3. …