Joined Cases C-428/21 PPU and C-429/21 PPU: Judgment of the Court (First Chamber) of 26 October 2021 (requests for a preliminary ruling from the Rechtbank Amsterdam — Netherlands) — Execution of European arrest warrants issued against HM (C-428/21 PPU), TZ (C-429/21 PPU) (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 27(3)(g) and Article 27(4) — Request for consent for prosecution for offences other than those on which surrender was based — Article 28(3) — Request for consent for subsequent surrender of the person concerned to another Member State — Article 47 of the Charter of Fundamental Rights of the European Union — Right to effective judicial protection — Right of the person concerned to be heard by the executing judicial authority — Procedures)
Date: 2021-10-26
Institutions: Court of Justice
Subjects: European arrest warrant, offence, public prosecution, right to justice, rights of the defence








C_2022002EN.01001201.xml










3.1.2022   


EN


Official Journal of the European Union


C 2/12






Judgment of the Court (First Chamber) of 26 October 2021 (requests for a preliminary ruling from the Rechtbank Amsterdam — Netherlands) — Execution of European arrest warrants issued against HM (C-428/21 PPU), TZ (C-429/21 PPU)
(Joined Cases C-428/21 PPU and C-429/21 PPU) (1)

(Reference for a preliminary ruling - Urgent preliminary ruling procedure - Judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - Article 27(3)(g) and Article 27(4) - Request for consent for prosecution for offences other than those on which surrender was based - Article 28(3) - Request for consent for subsequent surrender of the person concerned to another Member State - Article 47 of the Charter of Fundamental Rights of the European Union - Right to effective judicial protection - Right of the person concerned to be heard by the executing judicial authority - Procedures)
(2022/C 2/15)
Language of the case: Dutch

Referring court

Rechtbank Amsterdam

Parties to the main proceedings

HM (C-428/21 PPU), TZ (C-429/21 PPU)

Intervener: Openbaar Ministerie

Operative part of the judgment

Article 27(3)(g), Article 27(4) and Article 28(3) of 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, read in the light of the right to effective judicial protection guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that a person who has been surrendered to the issuing judicial authority in execution of a European arrest warrant has the right to be heard by the executing judicial authority where that latter authority has received a request for consent from the issuing judicial authority under those provisions of that framework decision; that hearing may take place in the issuing Member State, the judicial authorities of that State being required in that case to ensure that the right to be heard of the person concerned is exercised effectively, without the direct participation of the executing judicial authority. However, it is for the executing judicial authority to ensure that it possesses sufficient information, in particular as regards the position of the person concerned, to enable it to take its decision with full knowledge of the facts — and in full compliance with the rights of the defence of that person — in relation to the request for consent made under Article 27(4) or Article 28(3) of Framework Decision 2002/584, and to request, if necessary, that the issuing judicial authority provide it as a matter of urgency with supplementary information.


(1)  OJ C 368, 13.9.2021.