# C_2019016EN.01003101.xml

| 14.1.2019 | EN | Official Journal of the European Union | C 16/31 |
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14.1.2019

EN

Official Journal of the European Union

C 16/31

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Reference for a preliminary ruling from the High Court (Ireland) made on 7 November 2018 — Minister for Justice and Equality v ND

(Case C-685/18)

(2019/C 16/39)

Language of the case: English

Referring court

High Court (Ireland)

Parties to the main proceedings

Applicant: Minister for Justice and Equality

Defendant: ND

Questions referred

| 1. | Are the criteria according to which to decide whether a public prosecutor designated as an issuing judicial authority for the purposes of Art. 6(1) (1) is a judicial authority within the autonomous meaning of that phrase in Art. 6(1) of the Framework Decision of 2002 on [the] European arrest warrant and surrender proceedings between Member States that (1) the public prosecutor is independent from the executive and (2) considered in his own legal system to administer justice or participate in the administration of justice? |
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1.

Are the criteria according to which to decide whether a public prosecutor designated as an issuing judicial authority for the purposes of Art. 6(1) (1) is a judicial authority within the autonomous meaning of that phrase in Art. 6(1) of the Framework Decision of 2002 on [the] European arrest warrant and surrender proceedings between Member States that (1) the public prosecutor is independent from the executive and (2) considered in his own legal system to administer justice or participate in the administration of justice?

| 2. | If not, what are the criteria according to which a national court should determine whether a public prosecutor who is designated as an issuing judicial authority for the purposes of Art. 6(1) of the Framework Decision is a judicial authority for the purposes of Art. 6(1)? |
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2.

If not, what are the criteria according to which a national court should determine whether a public prosecutor who is designated as an issuing judicial authority for the purposes of Art. 6(1) of the Framework Decision is a judicial authority for the purposes of Art. 6(1)?

| 3. | Insofar as the criteria include a requirement that the public prosecutor administer justice or participate in the administration of justice is that to be determined in accordance with the status he holds in his own legal system or in accordance with certain objective criteria? If, objective criteria what are those criteria? |
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3.

Insofar as the criteria include a requirement that the public prosecutor administer justice or participate in the administration of justice is that to be determined in accordance with the status he holds in his own legal system or in accordance with certain objective criteria? If, objective criteria what are those criteria?

| 4. | Is the Public Prosecutor of the Republic of Lithuania a judicial authority within the autonomous meaning of that phrase in Art. 6(1) of the Framework Decision of 2002 on [the] European arrest warrant and surrender proceedings between Member States? |
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4.

Is the Public Prosecutor of the Republic of Lithuania a judicial authority within the autonomous meaning of that phrase in Art. 6(1) of the Framework Decision of 2002 on [the] European arrest warrant and surrender proceedings between Member States?

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(1)  2002/584/JHA: Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2002, L 190, p. 1).

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