CELEX: 62018CA0508
Language: en
Date: 2019-05-27 00:00:00
Title: Joined Cases C-508/18 and C-82/19 PPU: Judgment of the Court (Grand Chamber) of 27 May 2019 (request for a preliminary ruling from the Supreme Court, High Court (Ireland) — Ireland) — Proceedings relating to the execution of European arrest warrants issued in respect of OG (C-508/18), PI (C-82/19 PPU) (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 6(1) — Concept of ‘issuing judicial authority’ — European arrest warrant issued by a public prosecutor’s office of a Member State — Legal position — Whether subordinate to a body of the executive — Power of a Ministry of Justice to issue an instruction in a specific case — No guarantee of independence)

5.8.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 263/21
            
         
      Judgment of the Court (Grand Chamber) of 27 May 2019 (request for a preliminary ruling from the Supreme Court, High Court (Ireland) — Ireland) — Proceedings relating to the execution of European arrest warrants issued in respect of OG (C-508/18), PI (C-82/19 PPU)
      (Joined Cases C-508/18 and C-82/19 PPU) (1)
      
      (Reference for a preliminary ruling - Urgent preliminary ruling procedure - Police and judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - Article 6(1) - Concept of ‘issuing judicial authority’ - European arrest warrant issued by a public prosecutor’s office of a Member State - Legal position - Whether subordinate to a body of the executive - Power of a Ministry of Justice to issue an instruction in a specific case - No guarantee of independence)
      (2019/C 263/26)
      Language of the case: English
      
         Referring court
      
      Supreme Court, High Court (Ireland)
      
         Parties to the main proceedings
      
      
         Applicant: OG (C-508/18) and PI (C-82/19 PPU)
      
         Operative part of the judgment
      
      
                  1.
               
               
                  Cases C-508/18 and C-82/19 PPU are joined for the purposes of the judgment.
               
            
                  2.
               
               
                  The concept of an ‘issuing judicial authority’, within the meaning of Article 6(1) 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, must be interpreted as not including public prosecutors’ offices of a Member State which are exposed to the risk of being subject, directly or indirectly, to directions or instructions in a specific case from the executive, such as a Minister for Justice, in connection with the adoption of a decision to issue a European arrest warrant.
               
            
         (1)  OJ C 364, 8.10.2018.
      
         OJ C 122, 1.4.2019.