# C_2022368EN.01001801.xml

| 26.9.2022 | EN | Official Journal of the European Union | C 368/18 |
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26.9.2022

EN

Official Journal of the European Union

C 368/18

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Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 22 July 2022 — European arrest warrant issued against CJ; other party: Openbaar Ministerie

(Case C-492/22)

(2022/C 368/27)

Language of the case: Dutch

Referring court

Rechtbank Amsterdam

Parties to the main proceedings

European arrest warrant issued against: CJ

Other party: Openbaar Ministerie

Questions referred

| 1. | Do Articles 12 and 24(1) of Framework Decision 2002/584/JHA, (1) read in conjunction with Article 6 of the Charter of Fundamental Rights of the European Union, preclude a requested person, whose surrender for the purpose of executing a custodial sentence was definitively authorised but has been postponed ‘so that he or she may be prosecuted in the executing Member State ... for an act other than that referred to in the European arrest warrant’, from being detained for the duration of that criminal prosecution in order to execute the European arrest warrant? |
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1.

Do Articles 12 and 24(1) of Framework Decision 2002/584/JHA, (1) read in conjunction with Article 6 of the Charter of Fundamental Rights of the European Union, preclude a requested person, whose surrender for the purpose of executing a custodial sentence was definitively authorised but has been postponed ‘so that he or she may be prosecuted in the executing Member State ... for an act other than that referred to in the European arrest warrant’, from being detained for the duration of that criminal prosecution in order to execute the European arrest warrant?

| 2. | (a) | Is the decision to exercise the power to postpone surrender provided for in Article 24(1) of Framework Decision 2002/584/JHA a decision on the execution of the [European arrest warrant] which, pursuant to Article 6(2) of Framework Decision 2002/584/JHA, read in conjunction with recital 8 thereof, must be taken by the executing judicial authority? |
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2.

(a)

Is the decision to exercise the power to postpone surrender provided for in Article 24(1) of Framework Decision 2002/584/JHA a decision on the execution of the [European arrest warrant] which, pursuant to Article 6(2) of Framework Decision 2002/584/JHA, read in conjunction with recital 8 thereof, must be taken by the executing judicial authority?

| (b) | If so, does the fact that that decision was taken without the intervention of an executing judicial authority within the meaning of Article 6(2) of Framework Decision 2002/584/JHA have the consequence that the requested person may no longer be detained for the purpose of executing the European arrest warrant issued against him? |
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(b)

If so, does the fact that that decision was taken without the intervention of an executing judicial authority within the meaning of Article 6(2) of Framework Decision 2002/584/JHA have the consequence that the requested person may no longer be detained for the purpose of executing the European arrest warrant issued against him?

| 3. | (a) | Does Article 24(1) of Framework Decision 2002/584/JHA, read in conjunction with Articles 47 and 48 of the Charter of Fundamental Rights of the European Union, preclude the surrender of the requested person for the purpose of a criminal prosecution in the executing Member State for the sole reason that, upon request, the requested person does not wish to waive his right to be present at that criminal prosecution? |
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3.

(a)

Does Article 24(1) of Framework Decision 2002/584/JHA, read in conjunction with Articles 47 and 48 of the Charter of Fundamental Rights of the European Union, preclude the surrender of the requested person for the purpose of a criminal prosecution in the executing Member State for the sole reason that, upon request, the requested person does not wish to waive his right to be present at that criminal prosecution?

| (b) | If so, which factors should the executing judicial authority then take into account when deciding whether to postpone the actual surrender? |
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(b)

If so, which factors should the executing judicial authority then take into account when deciding whether to postpone the actual surrender?

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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 — Statements made by certain Member States on the adoption of the Framework Decision (OJ 2002 L 190, p. 1).

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