JZ v Prokuratura Rejonowa Łódź - Śródmieście.
Date: 2016-07-28
29


In the second place, as regards the test for urgency, it is necessary, according to the case-law of the Court, to take into consideration the fact that the person involved 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 (see, to that effect, judgment of 24 May 2016 in Dworzecki, C‑108/16 PPU, EU:C:2016:346, paragraph 22 and the case-law cited). In the present case, it is apparent from the information supplied by the referring court and recalled in paragraph 27 of this judgment that JZ is currently deprived of his liberty and that the question as to whether he may continue to be held in custody depends on the decision of the Court, in so far as an affirmative answer by the Court to the question referred could result in his immediate release.
32


As a preliminary point, it must be noted that the binding character of Framework Decision 2002/584 places on the judicial authority of the Member State issuing the European arrest warrant an obligation to interpret national law in conformity with EU law. That authority is therefore bound to interpret domestic law, so far as possible, in the light of the wording and the purpose of that framework decision in order to achieve the result sought by it (see, to that effect, judgment of 5 September 2012 in Lopes Da Silva Jorge, C‑42/11, EU:C:2012:517, paragraphs 53 and 54 and the case-law cited).
33


Admittedly, the obligation to interpret national law in conformity with EU law is limited by general principles of law and cannot serve as the basis for an interpretation of national law contra legem. The fact remains, however, that the principle that national law must be interpreted in conformity with EU law requires national courts to do whatever lies within their jurisdiction, taking the whole body of domestic law into consideration and applying the interpretative methods recognised by it, with a view to ensuring that the framework decision in question is fully effective and to achieving an outcome consistent with the objective pursued by it (see, to that effect, judgment of 5 September 2012 in Lopes Da Silva Jorge, C‑42/11, EU:C:2012:517, paragraphs 55 and 56 and the case-law cited).
35


The Court has consistently held that it follows from the need for a uniform application of EU law, and from the principle of equality, that the terms of a provision of EU law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the European Union (see, to that effect, judgments of 17 July 2008 in Kozłowski, C‑66/08, EU:C:2008:437, paragraph 42, and of 24 May 2016 in Dworzecki, C‑108/16 PPU, EU:C:2016:346, paragraph 28).
36


However, that provision makes no express reference to the law of the Member States for the purpose of determining its meaning and scope.
37


Accordingly, it must be held that the concept of ‘detention’, which features in Article 26(1) of Framework Decision 2002/584, is an autonomous concept of EU law that must be given an autonomous and uniform interpretation throughout the European Union, which must take into account the terms of that provision, its context and the objectives of the legislation of which it forms part (see, to that effect, judgment of 29 October 2015 in Saudaçor, C‑174/14, EU:C:2015:733, paragraph 52).
38


As regards, in the first place, the wording of Article 26(1) of Framework Decision 2002/584, it must be borne in mind that the wording used in one language version of a provision of EU law cannot serve as the sole basis for the interpretation of that provision or be made to override the other language versions in that regard. Provisions of EU law must be interpreted and applied uniformly in the light of the versions existing in all EU languages (see, to that effect, judgment of 29 April 2015 in Léger, C‑528/13, EU:C:2015:288, paragraph 35).
50


It is clear from the explanations relating to Article 52(3) of the Charter, which, in accordance with the third subparagraph of Article 6(1) TEU and Article 52(7) of the Charter, have to be taken into consideration for the purpose of interpreting it (see, to that effect, judgments of 26 February 2013 in Åkerberg Fransson, C‑617/10, EU:C:2013:105, paragraph 20, and of 27 May 2014 in Spasic, C‑129/14 PPU, EU:C:2014:586, paragraph 54), that Article 52(3) of the Charter is intended to ensure the necessary consistency between the rights contained in the Charter and the corresponding rights guaranteed by the ECHR, without thereby adversely affecting the autonomy of EU law and that of the Court of Justice of the European Union (see, to that effect, judgment of 15 February 2016 in N., C‑601/15 PPU, EU:C:2016:84, paragraph 47).