Samet Ardic.

• Jurisdiction: European Union
• ECLI: ECLI:EU:C:2017:1026
• Date: 22 December 2017
• Celex Number: 62017CJ0571
• Court: Court of Justice (European Union)
• Procedure Type: Petición de decisión prejudicial - procedimiento de urgencia
• Docket Number: C-571/17

JUDGMENT OF THE COURT (Fifth Chamber)

22 December 2017 ( *1 )

(Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Surrender procedures between Member States — Conditions for execution — Grounds for optional non-execution — Article 4a(1) of Framework Decision 2009/299/JHA — Arrest warrant issued for the purpose of executing a custodial sentence — ‘Trial resulting in the decision’ — Scope — Person sentenced to a custodial sentence in final proceedings conducted in his presence — Execution of sentence subsequently suspended in part subject to certain conditions — Subsequent proceedings leading to revocation of the suspension due to non-compliance with those conditions — Revocation proceedings conducted in the absence of the person concerned)

In Case C‑571/17 PPU,

REQUEST for a preliminary ruling under Article 267 TFEU from the Rechtbank Amsterdam (District Court, Amsterdam, Netherlands), made by decision of 28 September 2017, received at the Court on the same date, in the proceedings relating to the execution of a European arrest warrant issued against

Samet Ardic,

THE COURT (Fifth Chamber),

composed of J.L. da Cruz Vilaça, President of the Chamber, E. Levits, A. Borg Barthet, M. Berger and F. Biltgen (Rapporteur), Judges,

Advocate General: M. Bobek,

Registrar: M. Ferreira, Principal Administrator,

having regard to the written procedure and further to the hearing on 22 November 2017,

after considering the observations submitted on behalf of:

– Openbaar Ministerie, by K. van der Schaft and U.E.A. Weitzel, acting as Agents,

– Mr Ardic, by T.O.M. Dieben, L.J. Woltring and J.W. Ebbink, advocaten,

– the Netherlands Government, by J. Langer and M.K. Bulterman, acting as Agents,

– the German Government, by T. Henze and M. Hellmann, acting as Agents,

– Ireland, by G. Hodge, acting as Agent, and by G. Mullan, BL,

– the European Commission, by R. Troosters and S. Grünheid, acting as Agents,

after hearing the Opinion of the Advocate General at the sitting on 20 December 2017,

gives the following

Judgment

1 This request for a preliminary ruling concerns the interpretation of Article 4a(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) (‘Framework Decision 2002/584’).

2 The request has been made in connection with the execution in the Netherlands of a European arrest warrant issued by the Staatsanwaltschaft Stuttgart (Public Prosecutor’s Office, Stuttgart, Germany) against Mr Samet Ardic with a view to executing two custodial sentences in Germany.

Legal context

International law

3 Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (‘the ECHR’), which is entitled ‘Right to a fair trial’, provides: ‘1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. … 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3. Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; (b) to have adequate time and facilities for the preparation of his defence; (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.’

EU law

The Charter

4 Articles 47 and 48 of the Charter of Fundamental Rights of the European Union (‘the Charter’) form part of title VI thereof, entitled ‘Justice’.

5 Article 47 of the Charter, entitled ‘Right to an effective remedy and to a fair trial’ provides that: ‘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. Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented. …’

6 The Explanations relating to the Charter of Fundamental Rights (OJ 2007 C 303, p. 17) state that the second paragraph of Article 47 of the Charter corresponds to Article 6(1) of the ECHR.

7 Article 48 of the Charter, entitled ‘Presumption of innocence and right of defence’, provides: ‘1. Everyone who has been charged shall be presumed innocent until proved guilty according to law. 2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.’

8 The Explanations referred to in paragraph 6 of the present judgment state in that regard: ‘Article 48 is the same as Article 6(2) and (3) of the ECHR, … … In accordance with Article 52(3), this right has the same meaning and scope as the right guaranteed by the ECHR.’

9 Article 52 of the Charter, entitled ‘Scope and interpretation of rights and principles’, provides: ‘… 3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, 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. … 7. The explanations drawn up as a way of providing guidance in the interpretation of this Charter shall be given due regard by the courts of the Union and of the Member States.’

Framework Decisions 2002/584 and 2009/299

10 Article 1 of Framework Decision 2002/584, 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].’

11 Articles 3, 4 and 4a of that Framework Decision set out exhaustively the grounds for mandatory and optional non-execution of the European arrest warrant.

12 Framework Decision 2009/299 sets out the grounds on the basis of which the executing judicial authority of a Member State may refuse to execute a European arrest warrant where the person concerned did not appear in person at his trial.

13 Article 1 of Framework Decision 2009/299, entitled ‘Objectives and scope’ provides as follows: ‘1. The objectives of this Framework Decision are to enhance the procedural rights of persons subject to criminal proceedings, to facilitate judicial cooperation in criminal matters and, in particular, to improve mutual recognition of judicial decisions between Member States. 2. 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 of the Treaty, including the right of defence of persons subject to criminal proceedings, and any obligations incumbent upon judicial authorities in this respect shall remain unaffected. 3. This Framework Decision establishes common rules for the recognition and/or execution of judicial decisions in one Member State (the executing Member State) issued by another Member State (the issuing Member State) following proceedings at which the person concerned was not present ...’

14 Article 4a of Framework Decision 2002/584, inserted by Article 2 of Framework Decision 2009/299, is entitled ‘Decisions rendered following a trial at which the person did not appear in person’. Article 4a(1) provides as follows: ‘The executing judicial authority may also refuse to execute the European arrest warrant issued for the purpose of executing a custodial sentence or a detention order if the person did not appear in person at the trial resulting in the decision, unless the European arrest warrant states that the person, in accordance with further procedural requirements defined in the national law of the issuing Member State: (a) in due time: (i) either was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the decision, or by other means actually received official...