a.

Specifically, is there, under EU law, an ‘absolute’ minimum limit for the size of custody cells, pursuant to which the use of cells under that limit will always constitute an infringement of Article 4 of the Charter?

b.

To what extent do the various ‘prison regimes’, such as differing unlock times and varying degrees of freedom of movement within a penal institution, play a role in the assessment?

c.

Can legal and organisational improvements in the issuing Member State (introduction of an ombudsman system, establishment of courts of enforcement of penalties, etc.) also be taken into account, as the present Chamber did in its decisions on the permissibility of the extradition?

a.

In that regard, are the judicial authorities of the executing Member State authorised to undertake a comprehensive assessment of the custodial conditions in the issuing Member State, or are they limited to an ‘examination as to manifest errors’?

b.

To the extent that, in the context of its reply to the first question referred for a preliminary ruling, the Court of Justice concludes that there are ‘absolute’ requirements under EU law for custodial conditions, would a failure to meet those minimum standards be, in a sense, ‘unquestionable’, so that, as a result, such a failure would always immediately constitute a ‘real risk’, thereby prohibiting extradition, or can the executing Member State nevertheless carry out its own assessment? In that regard, can factors such as the maintenance of mutual legal assistance between Member States, the functioning of European criminal justice or the principles of mutual trust and recognition be taken into account?