Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 3 September 2020 – European arrest warrant issued against P, Other party to the procedure: Openbaar Ministerie

(Case C-412/20)

Language of the case: Dutch

Referring court

Rechtbank Amsterdam

Parties to the main proceedings

European arrest warrant issued against: P

Other party to the procedure: Openbaar Ministerie

Question referred

Do Framework Decision 2002/584/JHA, ¹ the second subparagraph of Article 19(1) of the Treaty on European Union and/or the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union indeed preclude an executing judicial authority from executing an EAW issued by a court in the case where that court does not meet the requirements of effective judicial protection/actual judicial protection, and at the time of issuing the EAW already no longer met those requirements, because the legislation in the issuing Member State does not guarantee the independence of that court, and at the time of issuing the EAW already no longer guaranteed that independence?

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¹     Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States – Statements made by certain Member States on the adoption of the Framework Decision (OJ 2002 L 190, p. 1).