Samet Ardic.
Date: 2017-12-22
50


In that regard, the referring court points out that, according to the Court of Justice, Article 4a of Framework Decision 2002/584 is designed to ensure a high level of protection (judgments of 24 May 2016, Dworzecki, C‑108/16 PPU, EU:C:2016:346, paragraph 37, and of 10 August 2017, Tupikas, C‑270/17 PPU, EU:C:2017:628, paragraph 58).
51


Furthermore, it can be argued that a decision to revoke the suspension of execution of a sentence could, due to its consequences for individual liberty, be as significant for the convicted person as a ‘cumulative sentence’ which re-establishes the duration of the sentences imposed, with the result that the person concerned should therefore be able to exercise his rights of defence in proceedings which could lead to a suspension revocation decision and in which the judge has a margin of discretion when making that decision (see, by analogy, judgment of 10 August 2017, Zdziaszek, C‑271/17 PPU, EU:C:2017:629, paragraph 88).
58


Secondly, as regards the criterion relating to urgency, it is necessary, in accordance with the settled case-law of the Court, to take into account the fact that the person concerned in the case in the main proceedings is currently deprived of his liberty and that the question as to whether he may continue to be held in custody depends on the outcome of the dispute in the main proceedings. Moreover, the situation of the person concerned must be assessed as it stood at the time when consideration was given to whether the reference should be dealt with under the urgent preliminary ruling procedure (judgments of 10 August 2017, Tupikas, C‑270/17 PPU, EU:C:2017:628, paragraph 45 and the case-law cited, and of 10 August 2017, Zdziaszek, C‑271/17 PPU, EU:C:2017:629, paragraph 72 and the case-law cited).
59


In the present case, it is common ground that, on that date, Mr Ardic was deprived of his liberty. Moreover, his continued detention depends on the outcome of the main proceedings, the detention measure against him having been ordered, according to the referring court, in the context of the execution of the European arrest warrant at issue in the main proceedings.
63


In order to answer that question, it should be recalled, in the first place, that the concept of ‘trial resulting in the decision’ as referred to in Article 4a of Framework Decision 2002/584, must be given an autonomous and uniform interpretation within the European Union, independently of the classifications and substantive and procedure rules in criminal matters, which by nature diverge in the various Member States (see, to that effect, judgment of 10 August 2017, Tupikas, C‑270/17 PPU, EU:C:2017:628, paragraphs 65, 67 and 76).
64


In the second place, the Court of Justice has already held that that concept must be understood as referring to the proceeding that led to the judicial decision which finally sentenced the person whose surrender is sought in connection with the execution of a European arrest warrant (judgment of 10 August 2017, Tupikas, C‑270/17 PPU, EU:C:2017:628, paragraph 74).
65


Where criminal proceedings have taken place at several instances which have given rise to successive decisions, the Court of Justice has held that that concept refers to the last instance in those proceedings during which a court, after assessing the case in fact and in law, made a final ruling on the guilt of the person concerned and imposed a penalty on him (see, to that effect, judgment of 10 August 2017, Tupikas, C‑270/17 PPU, EU:C:2017:628, paragraphs 81, 83, 89, 90 and 98).
66


The Court also stated that that concept also referred to subsequent proceedings at the end of which a judicial decision that finally amended the level of one or several previous sentences was handed down, in so far as the authority which adopted the latter decision enjoyed some discretion in that regard (see, to that effect, judgment of 10 August 2017, Zdziaszek, C‑271/17 PPU, EU:C:2017:629, paragraphs 83, 90 and 96).
69


In that regard, it should be pointed out that Framework Decision 2002/584 seeks, by the establishment of a simplified and effective system for the surrender of persons convicted or accused of having infringed criminal law, to facilitate and accelerate judicial cooperation with a view to contributing to the objective set for the European Union to become an area of freedom, security and justice, founded on the high level of trust which should exist between the Member States in accordance with the principle of mutual recognition (see, to that effect, judgments of 26 February 2013, Melloni, C‑399/11, EU:C:2013:107, paragraphs 36 and 37, and of 5 April 2016, Aranyosi and Căldăraru, C‑404/15 and C‑659/15 PPU, EU:C:2016:198, paragraphs 75 and 76).
70


To that end, Article 1(2) of the Framework Decision lays down the rule that Member States are required to execute any European arrest warrant on the basis of the principle of mutual recognition and in accordance with the provisions of that Framework Decision. Except in exceptional circumstances, the executing judicial authorities may therefore refuse to execute such a warrant only in the exhaustively listed cases of non-execution provided for by Framework Decision 2002/584 and the execution of the European arrest warrant may be made subject only to one of the conditions listed exhaustively therein. Accordingly, while the execution of the European arrest warrant constitutes the rule, the refusal to execute is intended to be an exception which must be interpreted strictly (see judgment of 10 August 2017, Tupikas, C‑270/17 PPU, EU:C:2017:628, paragraph 50 and the case-law cited).
71


As regards, more particularly, Article 4a of Framework Decision 2002/584, inserted by Article 2 of Framework Decision 2009/299, this seeks to restrict the possibility of refusing to execute the European arrest warrant by listing, in a precise and uniform manner, the conditions under which the recognition and enforcement of a decision given following a trial in which the person concerned did not appear in person may not be refused (judgment of 10 August 2017, Tupikas, C‑270/17 PPU, EU:C:2017:628, paragraph 53 and the case-law cited).
72


Under that provision, the executing judicial authority is obliged to execute a European arrest warrant, notwithstanding the absence of the person concerned at the trial resulting in the decision, where one of the situations referred to in Article 4a(1)(a), (b), (c) or (d) of that Framework Decision is established (judgment of 10 August 2017, Tupikas, C‑270/17 PPU, EU:C:2017:628, paragraph 55).
73


Accordingly, that provision seeks to improve judicial cooperation in criminal matters by harmonising the conditions of execution of European arrest warrants issued for the purposes of executing decisions rendered in absentia, which is likely to facilitate mutual recognition of judicial decisions between Member States. At the same time, that provision strengthens the procedural rights of persons subject to criminal proceedings, guaranteeing them a high level of protection by ensuring full observance of their rights of defence, flowing from the right to a fair trial, enshrined in Article 6 of the ECHR (see, to that effect, judgments of 26 February 2013, Melloni, C‑399/11, EU:C:2013:107, paragraph 51, and of 10 August 2017, Tupikas, C‑270/17 PPU, EU:C:2017:628, paragraphs 58 to 60).
74


To that end, the Court ensures that Article 4a(1) of Framework Decision 2002/584 is interpreted and applied in accordance with the requirements of Article 6 of the ECHR and the relevant case-law of the European Court of Human Rights (see, to that effect, judgments of 10 August 2017, Tupikas, C‑270/17 PPU, EU:C:2017:628, paragraphs 78 to 80, and of 10 August 2017, Zdziaszek, C‑271/17 PPU, EU:C:2017:629, paragraphs 87 to 89).
77


In the light of the foregoing, it must therefore be considered that, for the purposes of Article 4a(1) of Framework Decision 2002/584, the concept of ‘decision’ referred to therein does not cover a decision relating to the execution or application of a custodial sentence previously imposed, except where the purpose or effect of that decision is to modify either the nature or quantum of that sentence and the authority which adopted it enjoyed some discretion in that regard (see, to that effect, judgments of 10 August 2017, Tupikas, C‑270/17 PPU, EU:C:2017:628, paragraphs 78 to 80, and of 10 August 2017, Zdziaszek, C‑271/17 PPU, EU:C:2017:629, paragraphs 85, 90 and 96).
90


Indeed, such an obligation reinforces the high level of trust that must exist between Member States and, consequently, the principle of mutual recognition on which the mechanism of the European arrest warrant is based. That principle is founded on mutual trust between the Member States that their national legal systems are capable of providing equivalent and effective protection of the fundamental rights recognised at EU level (see, to that effect, judgments of 30 May 2013, F., C‑168/13 PPU, EU:C:2013:358, paragraphs 49 and 50, and of 5 April 2016, Aranyosi and Căldăraru, C‑404/15 and C‑659/15 PPU, EU:C:2016:198, paragraphs 77 and 78).
91


In that context and with a view to effective judicial cooperation in criminal matters, the issuing and executing judicial authorities must make full use of the instruments provided for, in particular in Article 8(1) and Article 15 of Framework Decision 2002/584, in order to foster mutual trust on the basis of that cooperation.