NJ (Parquet de Vienne)
Request for a preliminary ruling from the Kammergericht Berlin.
On 9 October 2019, the Court of Justice delivered its judgment and ruled as follows:
The concept of a ‘European arrest warrant’ referred to in Article 1(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as meaning that European arrest warrants issued by the public prosecutor’s offices of a Member State fall within that concept, despite the fact that those public prosecutor’s offices are exposed to the risk of being subject, directly or indirectly, to directions or instructions in a specific case from the executive, such as a Minister for Justice, in the context of the issue of those arrest warrants, provided that those arrest warrants are subject, in order to be transmitted by those public prosecutor’s offices, to endorsement by a court which reviews independently and objectively, having access to the entire criminal file to which any specific directions or instructions from the executive are added, the conditions of issue and the proportionality of those arrest warrants, thus adopting an autonomous decision which gives them their final form.
Case Number C-489/19 PPU
Name of the parties NJ v Generalstaatsanwaltschaft Berlin
Date of the judgement 2019-10-09
Court Court of Justice of the European Union (CJEU)