JUDGMENT OF 25. 7. 2018 –– CASE C-220/18 PPU
GENERALSTAATSANWALTSCHAFT (CONDITIONS OF DETENTION IN HUNGARY)
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Article 47 of the Charter, entitled ‘Right to an effective remedy and to a fair trial’, provides:
‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to
an effective remedy before a tribunal in compliance with the conditions laid down in this Article.
…’
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Article 51 of the Charter, entitled ‘Field of application’, provides in paragraph 1:
‘The provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the
Union with due regard for the principle of subsidiarity and to the Member States only when they are
implementing Union law. …’
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Article 52 of the Charter, entitled ‘Scope and interpretation of rights and principles’, provides in
paragraph 3:
‘In so far as this Charter contains rights which correspond to rights guaranteed by the [ECHR], the
meaning and scope of those rights shall be the same as those laid down by the said Convention. This
provision shall not prevent Union law providing more extensive protection.’
The Framework Decision
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Recitals 5 to 7 of the Framework Decision are worded as follows:
(5) … the introduction of a new simplified system of surrender of sentenced or suspected persons for
the purposes of execution or prosecution of criminal sentences makes it possible to remove the
complexity and potential for delay inherent in the present extradition procedures. …
(6) The European arrest warrant provided for in this Framework Decision is the first concrete
measure in the field of criminal law implementing the principle of mutual recognition which the
European Council referred to as the “cornerstone” of judicial cooperation.
(7) Since the aim of replacing the system of multilateral extradition built upon the European
Convention on Extradition of 13 December 1957 cannot be sufficiently achieved by the Member
States acting unilaterally and can therefore, by reason of its scale and effects, be better achieved
at Union level, the Council may adopt measures in accordance with the principle of subsidiarity
as referred to in Article 2 [EU] and Article 5 [EC]. In accordance with the principle of
proportionality, as set out in the latter Article, this Framework Decision does not go beyond what
is necessary in order to achieve that objective.’
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Article 1 of the Framework Decision, entitled ‘Definition of the European arrest warrant and obligation
to execute it’, provides:
‘1. The European arrest warrant is a judicial decision issued by a Member State with a view to the
arrest and surrender by another Member State of a requested person, for the purposes of conducting
a criminal prosecution or executing a custodial sentence or detention order.
2. Member States shall execute any European arrest warrant on the basis of the principle of mutual
recognition and in accordance with the provisions of this Framework Decision.
3. This Framework Decision shall not have the effect of modifying the obligation to respect
fundamental rights and fundamental legal principles as enshrined in Article 6 [EU].’
ECLI:EU:C:2018:589
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