CELEX: 62011CA0396
Language: en
Date: 2013-01-29 00:00:00
Title: Case C-396/11: Judgment of the Court (Grand Chamber) of 29 January 2013 (request for a preliminary ruling from the Curtea de Apel Constanța — Romania) — Ministerul Public — Parchetul de pe lângă Curtea de Apel Constanța — Execution of European arrest warrants issued against Ciprian Vasile Radu (Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and surrender procedures between Member States — European arrest warrant issued for the purposes of prosecution — Grounds for refusing execution)

23.3.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 86/5
            
         Judgment of the Court (Grand Chamber) of 29 January 2013 (request for a preliminary ruling from the Curtea de Apel Constanța — Romania) — Ministerul Public — Parchetul de pe lângă Curtea de Apel Constanța — Execution of European arrest warrants issued against Ciprian Vasile Radu
   (Case C-396/11) (1)
   
   (Police and judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - European arrest warrant and surrender procedures between Member States - European arrest warrant issued for the purposes of prosecution - Grounds for refusing execution)
   2013/C 86/07
   Language of the case: Romanian
   
      Referring court
   
   Curte de Apel Constanța
   
      Parties to the main proceedings
   
   
      Applicant: Ciprian Vasile Radu
   
      Re:
   
   Request for a preliminary ruling — Curtea de Apel Constanța — Interpretation of 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), and of Article 6 TEU and the Charter of Fundamental Rights of the European Union, in particular Articles 6, 48 and 52 thereof — European arrest warrant issued for prosecution purposes — Possibility for the Member State responsible for executing the warrant to refuse the request for surrender of the person sought on grounds of failure to comply with the Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union, and also because the Member State which issued the warrant has failed, in whole or in part, to transpose Framework Decision 2002/584/JHA into national law
   
      Operative part of the judgment
   
   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, must be interpreted as meaning that the executing judicial authorities cannot refuse to execute a European arrest warrant issued for the purposes of conducting a criminal prosecution on the ground that the requested person was not heard in the issuing Member State before that arrest warrant was issued.
   
      (1)  OJ C 282, 24.9.2011.