Asunto C-492/18: Petición de decisión prejudicial planteada por el Rechtbank Amsterdam (Países Bajos) el 27 de julio de 2018 — Openbaar Ministerie / TC
Section | información judicial |
22.10.2018 ES Diario Oficial de la Unión Europea C 381/7
Lengua de procedimiento: neerlandés
Rechtbank Amsterdam
Demandante: Openbaar Ministerie
Demandada: TC
¿Es contrario al artículo 6 de la Carta de los Derechos Fundamentales de la Unión Europea el mantenimiento de la detención a efectos de la entrega de una persona reclamada que presenta riesgo de fuga, durante un período superior a 90 días contados a partir de su detención, si:
— el Estado miembro de ejecución ha transpuesto el artículo 17 de la Decisión Marco 2002/584/JAI (1) en el sentido de que la detención a efectos de la entrega de la persona reclamada debe suspenderse siempre a partir del momento en que haya expirado el plazo de 90 días establecido para adoptar una decisión definitiva sobre la ejecución de la orden de detención europea, y
— las autoridades judiciales de dicho Estado miembro han interpretado la legislación nacional en el sentido de que el plazo para resolver queda suspendido a partir del momento en que la autoridad judicial de ejecución decide plantear al Tribunal de Justicia una petición de...
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