Type: Opinions of the Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/02/2012

Subject: The Advocate General proposed that the Court reply that the Framework Decision on the European arrest warrant precludes the executing judicial authority from making the execution of a European arrest warrant conditional upon the person who is the subject of the warrant being entitled to a retrial in the issuing Member State. The Advocate General considered that the Framework Decision is compatible with the right to a fair trial and observance of the rights of the defence recognized by the Charter of Fundamental Rights of the European Union. Finally, the Advocate General stated his opinion on the scope of Article 53 of the Charter. According to him, that provision cannot be relied upon so as to give primacy to national constitutional law over the Framework Decision and thus to make the execution of a European arrest warrant conditional upon the right to a retrial in the issuing Member State. That follows from observance of the principles of primacy of European Union law, the uniform and effective application of European law within the Member States, and legal certainty.

Parties: Melloni

Classification: Justice - Art. 47 Justice: remedy - Justice: effective - Art. 48 Rights of defence

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