Judgment of the Court (First Chamber) of 12 December 2019.
JR and YC.
Requests for a preliminary ruling from the Cour d'appel (Luxembourg) and Rechtbank Amsterdam.
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 6(1) — Definition of ‘issuing judicial authority’ — Criteria — European arrest warrant issued by the public prosecutor’s office of a Member State for the purpose of criminal proceedings.
Joined Cases C-566/19 PPU and C-626/19 PPU. (2019)
Language: English

In those circumstances, the Rechtbank Amsterdam (District Court, Amsterdam) decided to stay proceedings and to refer the following questions to the Court for a preliminary ruling:
‘(1)
Can a Public Prosecutor who participates in the administration of justice in the issuing Member State, who acts independently in the execution of those of his responsibilities which are inherent in the issuing of a European arrest warrant, and who has issued such a warrant, be regarded as an issuing judicial authority within the meaning of Article 6(1) of Framework Decision [2002/584] if a judge in the issuing Member State has assessed the conditions for issuing a European arrest warrant and, in particular, the proportionality thereof, prior to the actual decision of that Public Prosecutor to issue that warrant?
(2)
If the answer to the first question is in the negative: has the condition been met that the decision of the Public Prosecutor to issue a European arrest warrant and, in particular, the question of its proportionality, must be capable of being the subject of court proceedings which meet in full the requirements inherent in effective judicial protection as referred to in paragraph 75 of the judgment of the Court of Justice of 27 May 2019 [OG and PI(Public Prosecutor’s Offices in Lübeck and Zwickau)] (Cases C‑508/18 and C‑82/19 PPU, EU:C:2019:456) if, after his actual surrender, the requested person can avail himself of a legal remedy under which the invalidity of that warrant may be invoked before a court in the issuing Member State and under which that court examines, inter alia, whether the decision to issue the warrant was proportionate?’

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