Communication: new case No. 0142 of 2022

IDENTIFIER
62022CN0142
LANGUAGE
English
COURT
Court of Justice of the European Union
AG OPINION
NO
REFERENCES MADE
0
REFERENCED
0
DOCUMENT TYPE
Communication: new case

Judgment



10.5.2022   

EN

Official Journal of the European Union

C 191/20


Reference for a preliminary ruling from the Supreme Court (Ireland) made on 2 March 2022 — Criminal proceedings against OE

(Case C-142/22)

(2022/C 191/26)

Language of the case: English

Referring court

Supreme Court

Criminal proceedings against

OE

Questions referred

1.

Should Article 27 of the Framework Decision (1) be interpreted as meaning that a decision to surrender a person creates a legal relationship between him, the executing State and the requesting State such that any issue taken to have been finally determined in that decision must also be taken to have been determined for the purposes of the procedure for obtaining consent to further prosecution or punishment for other offences?

2.

If the answer to Question 1 is that Article 27 does not require that interpretation, does a national procedural rule breach the principle of effectiveness if it operates so as to prevent the person concerned from relying, in the context of the consent application, upon a relevant judgment of the Court of Justice of the European Union delivered in the period of time after the order for surrender?


(1)  2002/584/JHA: Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States — Statements made by certain Member States on the adoption of the Framework Decision (OJ 2002, L 190, p. 1).



Citations

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