Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/09/2019

Subject: According to the Court, European arrest warrants issued by the public prosecutor’s offices of a Member State fall within the concept of ‘European arrest warrant’, despite the fact that those public prosecutor’s offices are exposed to the risk of being subject, directly or indirectly, to directions or instructions in a specific case from the executive, such as a Minister for Justice, in the context of the issue of those arrest warrants, provided that those arrest warrants are subject, in order to be transmitted by those public prosecutor’s offices, to endorsement by a court which reviews independently and objectively, having access to the entire criminal file to which any specific directions or instructions from the executive are added, the conditions of issue and the proportionality of those arrest warrants, thus adopting an autonomous decision which gives them their final form

Parties: NJ (Parquet de Vienne)

Classification: Justice - Art. 49 Criminal Law

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