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Case Law Joined case C-354/20 PPU and C-412/20 PPU (16/12/2020)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/16/2020

Subject: The Court affirmed that the existence of evidence of systemic or generalised deficiencies concerning judicial independence in Poland or of an increase in those deficiencies does not in itself justify the judicial authorities of the other Member States refusing to execute any European arrest warrant issued by a Polish judicial authority. However, the execution of a European arrest warrant issued by a Polish judicial authority must be refused if, having regard to the individual situation of the person concerned, the nature of the offence in question and the factual context in which that European arrest warrant has been issued, there are substantial grounds for believing that, on account of those deficiencies, that person will run a real risk of breach of his or her right to a fair trial once he or she is surrendered to those authorities

Parties: Openbaar Ministerie (Indépendance de l’autorité judiciaire d’émission)

Classification: Justice - Art. 47 Justice: remedy - Fair trial, public hearing - Independent and impartial tribunal - Art. 49 Criminal Law

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