Language of document : ECLI:EU:C:2020:31


 


 



Order of the Court (Third Chamber) of 21 January 2020 — MN

(Case C813/19 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)

1.      Police cooperation — Judicial cooperation in criminal matters — Council Framework Decision 2002/584 on the European arrest warrant and the surrender procedures between Member States — Concept of ‘issuing judicial authority’ within the meaning of Article 6(1) of the Framework-Decision — Public prosecutor’s office competent to prosecute a person suspected of having committed a criminal offence — Included — Conditions — Independence in the performance of duties — Scope

(Council Framework Decision 2002/584, as amended by Framework Decision 2009/299, art. 6, § 1)

(see paras 35-42, operative part)

2.      Police cooperation — Judicial cooperation in criminal matters — Council Framework Decision 2002/584 on the European arrest warrant and the surrender procedures between Member States — Issuance of a European arrest warrant with a view to criminal prosecution — Power given to a non-judicial authority of a Member State which participates in the administration of criminal justice in that Member State — Compliance with the requirements of effective judicial protection — Obligation to provide for judicial review of the conditions for issuance of a European arrest warrant — Scope

(Council Framework Decision 2002/584, as amended by Framework Decision 2009/299)

(see paras 43-53, operative part)

Operative part

1.

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.

2.

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 Member State.


1 OJ C 19, 20.1.2020.