CELEX: 62019CN0649
Language: en
Date: 2019-09-03 00:00:00
Title: Case C-649/19: Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Bulgaria) lodged on 3 September 2019 — Criminal proceedings in respect of IR

9.12.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 413/25
            
         
      Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Bulgaria) lodged on 3 September 2019 — Criminal proceedings in respect of IR
      (Case C-649/19)
      (2019/C 413/30)
      Language of the case: Bulgarian
      
         Referring court
      
      Spetsializiran nakazatelen sad
      
         Party to the main proceedings
      
      IR
      
         Questions referred
      
      Do the rights of an accused person under Article 4 (in particular the right under Article 4(3)), Article 6(2) and Article 7(1) of Directive 2012/13 (1) apply to an accused person who has been arrested on the basis of a European arrest warrant?
      If the first question is answered in the affirmative: is Article 8 of Framework Decision 2002/584 to be interpreted as meaning that it allows the content of a European arrest warrant to be amended with regard to the form specified in the annex, in particular the insertion of new text into that form, in relation to the rights of the requested person against the judicial authorities of the issuing Member State to challenge the validity of the national arrest warrant and of the European arrest warrant?
      If the second question is answered in the negative: is it compatible with recital 12 and Article 1(3) of Framework Decision 2002/584, Articles 4, 6(2) and 7(1) of Directive 2012/13/ЕU and Articles 6 and 47 of the Charter if a European arrest warrant is issued in strict compliance with the form set out in the annex (that is to say without informing the requested person about his rights against the issuing judicial authority) and the issuing judicial authority informs him about the rights to which he is entitled and sends him the relevant documents immediately after that authority becomes aware of the arrest?
      If there are no other legal means for safeguarding the rights of a person arrested on the basis of a European arrest warrant under Article 4 of Directive 2012/13/ЕU, in particular the right under Article 4(3), Article 6(2) and Article 7(1) of Directive 2012/13/ЕU, is Framework Decision 2002/584 valid?
      
         (1)  Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ 2012 L 142, p. 1).