Judgment of the Court (Grand Chamber) of 27 May 2019.
Minister for Justice and Equality v PF.
Request for a preliminary ruling from the Supreme Court.
Reference for a preliminary ruling — 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 the Prosecutor General of a Member State — Legal position — Guarantee of independence.
Case C-509/18. (2019)
Language: English

In those circumstances the Supreme Court decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:
‘(1)
Are the criteria according to which to decide whether a public prosecutor designated as an issuing judicial authority for the purposes of Article 6(1) of [Framework Decision 2002/584] is a judicial authority within the autonomous meaning of that phrase in Article 6(1) of [Framework Decision 2002/584] that the public prosecutor is: (a) independent from the executive and (b) considered in his own legal system to administer justice or participate in the administration of justice?
(2)
If not, what are the criteria according to which a national court should determine whether a public prosecutor who is designated as an issuing judicial authority for the purposes of Article 6(1) of [Framework Decision 2002/584] is a judicial authority for the purposes of Article 6(1)?
(3)
Insofar as the criteria include a requirement that the public prosecutor administer justice or participate in the administration of justice is that to be determined in accordance with the status he holds in his own legal system or in accordance with certain objective criteria? If, objective criteria what are those criteria?
(4)
Is the [Prosecutor General of Lithuania] a judicial authority within the autonomous meaning of that phrase in Article 6(1) of [Framework Decision 2002/584]?’

Legal relationship diagram (Graphviz):
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   "Questions to the Court of Justice for a preliminary ruling"->"(2) If not, what are the criteria according to which a national court should determine whether a public prosecutor who is designated as an issuing judicial authority for the purposes of Article 6(1) of [Framework Decision 2002/584] is a judicial authority for the purposes of Article 6(1)?"[dir=none];
   "Questions to the Court of Justice for a preliminary ruling"->"(3) Insofar as the criteria include a requirement that the public prosecutor administer justice or participate in the administration of justice is that to be determined in accordance with the status he holds in his own legal system or in accordance with certain objective criteria? If, objective criteria what are those criteria?"[dir=none];
   "Questions to the Court of Justice for a preliminary ruling"->"(4) Is the [Prosecutor General of Lithuania] a judicial authority within the autonomous meaning of that phrase in Article 6(1) of [Framework Decision 2002/584]?"[dir=none];
    
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