CELEX: 62016CN0477
Language: en
Date: 2016-09-02 00:00:00
Title: Case C-477/16: Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 2 September 2016 — Openbaar Ministerie v Ruslanas Kovalkovas

17.10.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 383/8
            
         Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 2 September 2016 — Openbaar Ministerie v Ruslanas Kovalkovas
   (Case C-477/16)
   (2016/C 383/11)
   Language of the case: Dutch
   
      Referring court
   
   Rechtbank Amsterdam
   
      Parties to the main proceedings
   
   
      Applicant: Openbaar Ministerie
   
      Defendant: Ruslanas Kovalkovas
   
      Questions referred
   
   
               1.
            
            
               Are the expressions ‘judicial authority’, within the meaning of Article 6(1) of Framework Decision 2002/584/JHA, (1) and ‘judicial decision’, within the meaning of Article 1(1) of Framework Decision 2002/584/JHA, autonomous terms of EU law?
            
         
               2.
            
            
               If the answer to Question 1 is in the affirmative: what are the criteria for determining whether an authority of the issuing Member Stateis is such a ‘judicial authority’ and whether the EAW issued by it is consequently such a ‘judicial decision’?
            
         
               3.
            
            
               If the answer to Question 1 is in the affirmative: is the Ministry of Justice of the Republic of Lithuania covered by the term ‘judicial authority’, within the meaning of Article 6(1) of Framework Decision 2002/584/JHA, and is the EAW issued by that authority consequently a ‘judicial decision’ within the meaning of Article 1(1) of Framework Decision 2002/584/JHA?
            
         
               4.
            
            
               If the answer to Question 1 is in the negative: is the designation of an authority such as the Ministry of Justice of the Republic of Lithuania as the issuing judicial authority in conformity with EU law?
            
         
      (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).