Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Bulgaria) lodged on 4 September 2020 – Criminal proceedings against MM

(Case C-414/20)

Language of the case: Bulgarian

Referring court

Spetsializiran nakazatelen sad

Party to the main proceedings

MM

Questions referred

Is a national law which provides that the European arrest warrant and the national decision on the basis of which that warrant has been issued are to be adopted only by the public prosecutor, and does not permit the court to participate in or to exercise prior or subsequent review, consistent with Article 6(1) of Framework Decision 2002/584?

Is a European arrest warrant which has been issued on the basis of the order for the requested person to be put under investigation, and that order does not involve his detention, consistent with Article 8(1)(c) of Framework Decision 2002/584?

If the answer is in the negative: if, where a court has not participated in the issue of the European arrest warrant, or in the review of its legality and that warrant has been issued on the basis of a national decision which does not provide for the detention of the requested person, that European arrest warrant is in fact executed and the requested person is surrendered, should the requested person be granted an effective remedy in the same criminal proceedings as those during which that European arrest warrant was issued? Should the effective remedy involve placing the requested person in the situation in which he would have been if the infringement had not taken place?

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