# C_2022318EN.01001002.xml

| 22.8.2022 | EN | Official Journal of the European Union | C 318/10 |
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22.8.2022

EN

Official Journal of the European Union

C 318/10

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Judgment of the Court (Fourth Chamber) of 30 June 2022 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against IR

(Case C-105/21) (1)

(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Charter of Fundamental Rights of the European Union - Articles 6 and 47 - Right to freedom of movement and residence - Right to an effective judicial remedy - Principles of equality and mutual trust - Framework Decision 2002/584/JHA - Directive 2012/13/EU - Right to information in criminal proceedings - Letter of Rights on arrest - Right of a person to be informed of the accusation against him or her in relation to a national arrest warrant - Right of access to the materials of the case - Conditions for issuing a European arrest warrant in respect of an accused person who is in the executing Member State - Primacy of EU law)

(2022/C 318/13)

Language of the case: Bulgarian

Referring court

Spetsializiran nakazatelen sad

Party in the main criminal proceedings

IR

Interested party: Spetsializirana prokuratura

Operative part of the judgment

| 1. | Articles 6 and 47 of the Charter of Fundamental Rights of the European Union, the right to freedom of movement and residence and the principles of equality and mutual trust must be interpreted as meaning that the judicial authority issuing a European arrest warrant, adopted under Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, is under no obligation to forward to the person who is the subject of that arrest warrant the national decision on the arrest of that person and information on the possibilities of challenging that decision, while that person is in the Member State executing the European arrest warrant and has not been surrendered to the competent authorities of the Member State issuing that arrest warrant. |
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1.

Articles 6 and 47 of the Charter of Fundamental Rights of the European Union, the right to freedom of movement and residence and the principles of equality and mutual trust must be interpreted as meaning that the judicial authority issuing a European arrest warrant, adopted under Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, is under no obligation to forward to the person who is the subject of that arrest warrant the national decision on the arrest of that person and information on the possibilities of challenging that decision, while that person is in the Member State executing the European arrest warrant and has not been surrendered to the competent authorities of the Member State issuing that arrest warrant.

| 2. | The principle of the primacy of EU law must be interpreted as meaning that it requires the issuing judicial authority to give, as far as is possible, an interpretation of its national law that is in conformity with EU law, which enables it to ensure an outcome that is compatible with the aim pursued by Framework Decision 2002/584, as amended by Framework Decision 2009/299, which precludes national law from requiring that authority to forward to the person who is the subject of a European arrest warrant, before his or her surrender to the judicial authorities of the issuing Member State, the national decision on his or her arrest and information on the possibilities of challenging that decision. |
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2.

The principle of the primacy of EU law must be interpreted as meaning that it requires the issuing judicial authority to give, as far as is possible, an interpretation of its national law that is in conformity with EU law, which enables it to ensure an outcome that is compatible with the aim pursued by Framework Decision 2002/584, as amended by Framework Decision 2009/299, which precludes national law from requiring that authority to forward to the person who is the subject of a European arrest warrant, before his or her surrender to the judicial authorities of the issuing Member State, the national decision on his or her arrest and information on the possibilities of challenging that decision.

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(1)  OJ C 163, 3.5.2021.

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