Order of the Court (Third Chamber) of 21 January 2020 (request for a preliminary ruling from the Cour d'appel d'Aix-en-Provence — France) — execution of a European arrest warrant in respect of MN

(Case C-813/19 PPU) ¹

(Reference for a preliminary ruling — Urgent preliminary ruling procedure — Article 99 of the Rules of Procedure of the Court — Judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 6(1) — Concept of ‘issuing judicial authority’ — Effective judicial protection)

Language of the case: French

Referring court

Cour d'appel d'Aix-en-Provence

Parties to the main proceedings

MN

In the presence of: RJA, RJO, FD, BG, PG, KL, LK, MJ, NI, OH

Operative part of the order

Article 6(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States must be interpreted as meaning that the concept of ‘issuing judicial authority’, for the purposes of that provision, covers French prosecutors, managed and supervised by their hierarchical superiors and under the authority of the Minister of Justice in accordance with the statutory rules and institutional framework to which they are subject, since their statute grants them a guarantee of independence, in particular vis-à-vis the executive, in the context of the issue of a European arrest warrant.

Framework Decision 2002/584 must be interpreted as meaning that the requirements inherent in effective judicial protection to be provided to a person against whom a European arrest warrant is issued with a view to criminal prosecution are satisfied where, in accordance with the legislation of the issuing Member State, the conditions for the issue of that warrant and, in particular, the proportionality thereof are subject to judicial review in that ember State.

____________

¹ OJ C 19, 20.1.2020.