CELEX: 62020CN0412
Language: en
Date: 2020-09-03 00:00:00
Title: Case C-412/20: Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 3 September 2020 — European arrest warrant issued against P, Other party to the procedure: Openbaar Ministerie

9.11.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 378/20
            
         
      Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 3 September 2020 — European arrest warrant issued against P, Other party to the procedure: Openbaar Ministerie
      (Case C-412/20)
      (2020/C 378/24)
      Language of the case: Dutch
      
         Referring court
      
      Rechtbank Amsterdam
      
         Parties to the main proceedings
      
      
         European arrest warrant issued against: P
      
         Other party to the procedure: Openbaar Ministerie
      
         Question referred
      
      Do Framework Decision 2002/584/JHA, (1) the second subparagraph of Article 19(1) of the Treaty on European Union and/or the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union indeed preclude an executing judicial authority from executing an EAW issued by a court in the case where that court does not meet the requirements of effective judicial protection/actual judicial protection, and at the time of issuing the EAW already no longer met those requirements, because the legislation in the issuing Member State does not guarantee the independence of that court, and at the time of issuing the EAW already no longer guaranteed that independence?
      
         (1)  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).