Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/09/2023

Subject: The Court affirmed that the competent authority of the executing Member State may refuse to recognise and enforce a judgment imposing a criminal sentence delivered by a court of another Member State where it has evidence of systemic or generalised deficiencies in that Member State regarding the right to a fair trial, in particular so far as concerns the independence of the courts, and where there are substantial grounds for believing that those deficiencies may have had a tangible influence on the criminal proceedings brought against the person concerned. According to the Court, it is for the competent authority of the executing Member State to assess the situation existing in the issuing Member State up until the date of the criminal conviction in respect of which recognition and enforcement are requested and, if necessary, up until the date of the new conviction which resulted in the revocation of the suspension initially attached to the sentence in respect of which enforcement is requested

Parties: Staatsanwaltschaft Aachen

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

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