Reference for a preliminary ruling from Westminster Magistrates’ Court (United Kingdom) made on 1 December 2020 – Svishtov Regional Prosecutor’s Office v PI
(Case C-648/20)
Language of the case: English
Referring court
Westminster Magistrates’ Court
Parties to the main proceedings
Applicant: Svishtov Regional Prosecutor’s Office
Defendant: PI
Question referred
Where surrender is sought in order to prosecute a requested person, and where the decision to issue an underlying national arrest warrant (“NAW”) and the decision to issue a European arrest warrant (“EAW”) are both taken by a public prosecutor, without any involvement of a Court prior to surrender, does a requested person receive the dual level of protection envisaged by the Court in Bob-Dogi C-241/151 if:
the effect of the NAW is limited to detaining the individual for a maximum of 72 hours for the purpose of bringing him before a Court; and
on surrender, it is solely a matter for the Court whether to order release, or to continue detention, in light of all the circumstances of the case?
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1 Judgment of the Court of 1/6/2016 (ECLI:EU:C:2016:385)