Opinion of the Advocate General — ECLI:EU:C:2020:738
Date: 2020-09-17
Language of the case: English
Subject matter: Judicial cooperation in criminal matters;Police cooperation;Area of freedom, security and justice
Procedure: Reference for a preliminary ruling
Origin: Ireland

Reference for a preliminary ruling from the High Court (Ireland) made on 26 June 2019 – Minister for Justice and Equality v JR (Case C-488/19) Language of the case: English Referring court High Court (Ireland) Parties to the main proceedings Applicant: Minister for Justice and Equality Defendant: JR Questions referred Does the Framework Decision1 apply to the situation where the requested person was convicted and sentenced in a third state but by virtue of a bilateral treaty between that third state and the issuing state, the judgment in the third state was recognised in the issuing state and enforced according to the laws of the issuing state? If so, in circumstances where the executing member state has applied in its national legislation the optional grounds for non-execution of the European arrest warrant set out in Article 4.1 and Article 4.7(b) of the Framework Decision, how is the executing judicial authority to make its determination as regards an offence stated to be committed in the third state, but where the surrounding circumstances of that offence display preparatory acts that took place in the issuing state? ____________ 1 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2002, L 190, p. 1).