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Document 62018CN0220
Case C-220/18 PPU: Request for a preliminary ruling from the Hanseatisches Oberlandesgericht in Bremen (Germany) lodged on 27 March 2018 — ML
Case C-220/18 PPU: Request for a preliminary ruling from the Hanseatisches Oberlandesgericht in Bremen (Germany) lodged on 27 March 2018 — ML
Case C-220/18 PPU: Request for a preliminary ruling from the Hanseatisches Oberlandesgericht in Bremen (Germany) lodged on 27 March 2018 — ML
OJ C 221, 25.6.2018, p. 8–9
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Case C-220/18 PPU: Request for a preliminary ruling from the Hanseatisches Oberlandesgericht in Bremen (Germany) lodged on 27 March 2018 — ML
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht in Bremen (Germany) lodged on 27 March 2018 — ML
(Case C-220/18 PPU)
2018/C 221/09Language of the case: GermanReferring court
Hanseatisches Oberlandesgericht in Bremen
Party to the main proceedings
Person whose surrender is sought: ML
Questions referred
1. |
What significance does it have, for the purpose of the interpretation of the above provisions, ( 1 ) if legal remedies exist for detainees in the issuing Member State in respect of the conditions of their detention?
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2. |
If Question 1 is answered to the effect that the existence of such legal remedies for detainees, without further assessment of the specific conditions of detention in the issuing Member State by the executing judicial authority, does not of itself exclude a genuine risk of inhuman or degrading treatment of the person whose surrender is sought:
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3. |
If Question 2 is also answered to the effect that the assessment required by the executing judicial authority must extend to all prisons under consideration:
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4. |
If Question 3 is also answered to the effect that the provision of assurances and the imposition of conditions cannot render the assessment by the executing judicial authority of the conditions of detention in each individual prison envisaged in the issuing Member State superfluous:
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( 1 ) Council Framework Decision 2002/584/JHA 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.
Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial; OJ 2009 L 81, p. 24.