Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 02/26/2013

Subject: The Court affirmed that the surrender of a person to the judicial authorities of another Member State pursuant to a European arrest warrant cannot be made subject to the possibility of judicial review of the conviction handed down in absentia. In effect the EU legislature has opted to provide an exhaustive list of the circumstances in which the execution of a European arrest warrant issued in order to enforce a decision rendered in absentia must be regarded as not infringing the rights of the defence. Moreover the Court affirmed that the Framework-decision is compatible with the right to an effective judicial remedy and to a fair trial and the rights of the defence as recognised under the Charter of Fundamental Rights of the European Union. Although the right of the accused to appear in person at his trial is an essential component of the right to a fair trial, that right is not absolute. The accused may waive that right in a manner attended by certain safeguards.

Parties: Melloni

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

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