# C_2021088EN.01001601.xml

| 15.3.2021 | EN | Official Journal of the European Union | C 88/16 |
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15.3.2021

EN

Official Journal of the European Union

C 88/16

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Request for a preliminary ruling from the Okresný súd Bratislava I (Slovakia) lodged on 29 December 2020 — Criminal proceedings against A.M.

(Case C-710/20)

(2021/C 88/20)

Language of the case: Slovak

Referring court

Okresný súd Bratislava I

Party to the main proceedings

Krajská prokuratúra v Bratislave, A.M.

Questions referred

| 1. | Does a provision of a national law that annuls directly — without a decision of a national court — the decision of a national court discontinuing criminal proceedings, which is, under national legislation, a final decision entailing acquittal and on the basis of which the criminal proceedings have been definitively discontinued as a result of the amnesty granted in accordance with a national law, comply with the right to a fair trial, guaranteed in Article 47 of the Charter of Fundamental Rights of the European Union, and with the right not to be tried or punished twice in criminal proceedings for the same criminal offence, guaranteed in Article 50 of the Charter of Fundamental Rights of the European Union and with Article 82 of the Treaty on the Functioning of the European Union?
  If the answer to this question is in the negative, is the national court bound by such a provision of national law? |
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1.

Does a provision of a national law that annuls directly — without a decision of a national court — the decision of a national court discontinuing criminal proceedings, which is, under national legislation, a final decision entailing acquittal and on the basis of which the criminal proceedings have been definitively discontinued as a result of the amnesty granted in accordance with a national law, comply with the right to a fair trial, guaranteed in Article 47 of the Charter of Fundamental Rights of the European Union, and with the right not to be tried or punished twice in criminal proceedings for the same criminal offence, guaranteed in Article 50 of the Charter of Fundamental Rights of the European Union and with Article 82 of the Treaty on the Functioning of the European Union?
  If the answer to this question is in the negative, is the national court bound by such a provision of national law?

| 2. | Does a provision of national law limiting review by the Constitutional Court of a resolution of the Národná rada Slovenskej republiky (Parliament of the Slovak Republic) which revoked an amnesty or an individual pardon and was adopted under Article 86(i) of the Ústava SR (Constitution of the Slovak Republic), merely to an assessment of the resolution’s compliance with the Constitution of the Slovak Republic, without taking into account binding acts adopted by the European Union, in particular the Charter of Fundamental Rights of the European Union, the Treaty on the Functioning of the European Union and the Treaty on European Union, comply with the principle of sincere cooperation under Article 4(3) of the Treaty on European Union and Article 267 of the Treaty on the Functioning of the European Union, and with Article 82 of the Treaty on the Functioning of the European Union, with the right to a fair trial, guaranteed in Article 47 of the Charter of Fundamental Rights of the European Union, and with the right not to be tried or punished twice in criminal proceedings for the same criminal offence, guaranteed in Article 50 of the Charter of Fundamental Rights of the European Union?
  If the answer to this question is in the negative, is the national court bound by such a ruling of the national Constitutional Court? |
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2.

Does a provision of national law limiting review by the Constitutional Court of a resolution of the Národná rada Slovenskej republiky (Parliament of the Slovak Republic) which revoked an amnesty or an individual pardon and was adopted under Article 86(i) of the Ústava SR (Constitution of the Slovak Republic), merely to an assessment of the resolution’s compliance with the Constitution of the Slovak Republic, without taking into account binding acts adopted by the European Union, in particular the Charter of Fundamental Rights of the European Union, the Treaty on the Functioning of the European Union and the Treaty on European Union, comply with the principle of sincere cooperation under Article 4(3) of the Treaty on European Union and Article 267 of the Treaty on the Functioning of the European Union, and with Article 82 of the Treaty on the Functioning of the European Union, with the right to a fair trial, guaranteed in Article 47 of the Charter of Fundamental Rights of the European Union, and with the right not to be tried or punished twice in criminal proceedings for the same criminal offence, guaranteed in Article 50 of the Charter of Fundamental Rights of the European Union?
  If the answer to this question is in the negative, is the national court bound by such a ruling of the national Constitutional Court?

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