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… 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. …

… for the of and Fundamental Freedoms (Article 4). …

… Council Framework Decision 2002/584/JHA of 13 June 2002 on the and the surrender procedures between Member States, (42) unambiguously postulates a high level of confidence between Member States (recital 10). 41. …

… It is not by chance that the Framework Decision on the gives amnesty as a ground for mandatory non-execution, where that State had jurisdiction to prosecute the offence under its own criminal law (Article 3(1)). 85. …

… In particular, in accordance with the European for the of and Fundamental Freedoms of 4 November 1950 (‘the Rome ’), as they result from the constitutional traditions common to the Member States, those rights are enshrined as general principles of Community law, the protection of which, within the scope of the Treaties establishing the European Communities and the EU Treaty, is the responsibility of the Court of Justice (Article 6(2) EU in conjunction …

… Lagodny, O., ‘“Extradition” without a granting procedure: the concept of “surrender”’, Handbook on the , Tob Blekxtoon, Wouter van Ballegooij (editors), The Hague, 2005, pp. 41 and 42, notes the judicial nature of the . …

… It is clear that a correctly drafted must be based on acts which are defined in law as offences in that State. …

… (OJ 2002 L 190, p. 1). …

… Several conventions directly or indirectly regulate the application of the principle of ne bis in idem internationally and at the European level. (9) Amongst these, Article 4 of Protocol No 7 to the European for the of and Fundamental Freedoms (‘ECHR’) deals specifically with the principle of ne bis in idem. 14. …

… Second, the Court relied on the ‘pro-free movement’ and ‘ ’ reasoning adopted in Gözütok and Brügge. …