JUDGMENT OF 25. 7. 2018 –– CASE C-220/18 PPU GENERALSTAATSANWALTSCHAFT (CONDITIONS OF DETENTION IN HUNGARY) – the Danish Government, by M. Søndahl Wolff, acting as Agent, – Ireland, by G. Mullan, Barrister-at-Law, – the Spanish Government, by Sampol Pucurull, acting as Agent, – the Hungarian Government, by M.Z. Fehér, G. Tornyai and M.M. Tátrai, acting as Agents, – the Netherlands Government, by J. Langer, acting as Agent, – the Romanian Government, by E. Gane and C.-M. Florescu, acting as Agents, – the European Commission, by R. Troosters and S. Grünheid, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 4 July 2018, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of Article 4 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and of Article 1(3), Article 5 and Article 6(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2002 L 190, p. 1), as amended by Council Framework Decision 2009/299/JHA of 26 February 2009 (OJ 2009 L 81, p. 24) (‘the Framework Decision’). 2 The request has been made in connection with the execution in Germany of a European arrest warrant issued on 31 October 2017 by the Nyíregyházi Járásbíróság (District Court, Nyíregyházi, Hungary) against ML for the purpose of executing a custodial sentence in Hungary. Legal context European Union law The Charter 3 Article 4 of the Charter, entitled ‘Prohibition of torture and inhuman or degrading treatment or punishment’, provides: ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment.’ 4 The Explanations relating to the Charter of Fundamental Rights (OJ 2007 C 303, p. 17) state that ‘the right in Article 4 [of the Charter] is the right guaranteed by Article 3 of the [European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (“the ECHR”)], which has the same wording … By virtue of Article 52(3) of the Charter, it therefore has the same meaning and the same scope as the ECHR Article’. 2 ECLI:EU:C:2018:589

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