This document is an excerpt from the EUR-Lex website
Document 62021CJ0819
Judgment of the Court (Fourth Chamber) of 9 November 2023.
Staatsanwaltschaft Aachen v M.D.
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Recognition of judgments imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in another Member State – Framework Decision 2008/909/JHA – Article 3(4) and Article 8 – Refusal to enforce – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Fundamental right to a fair trial before an independent and impartial tribunal previously established by law – Systemic or generalised deficiencies in the issuing Member State – Two-step examination – Revocation of the suspension attached to a custodial sentence imposed by a Member State – Enforcement of that sentence by another Member State.
Case C-819/21.
Judgment of the Court (Fourth Chamber) of 9 November 2023.
Staatsanwaltschaft Aachen v M.D.
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Recognition of judgments imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in another Member State – Framework Decision 2008/909/JHA – Article 3(4) and Article 8 – Refusal to enforce – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Fundamental right to a fair trial before an independent and impartial tribunal previously established by law – Systemic or generalised deficiencies in the issuing Member State – Two-step examination – Revocation of the suspension attached to a custodial sentence imposed by a Member State – Enforcement of that sentence by another Member State.
Case C-819/21.
Court reports – general
ECLI identifier: ECLI:EU:C:2023:841
Case C‑819/21
Staatsanwaltschaft Aachen
(Request for a preliminary ruling from the Landgericht Aachen)
Judgment of the Court (Fourth Chamber) of 9 November 2023
(Reference for a preliminary ruling – Judicial cooperation in criminal matters – Recognition of judgments imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in another Member State – Framework Decision 2008/909/JHA – Article 3(4) and Article 8 – Refusal to enforce – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Fundamental right to a fair trial before an independent and impartial tribunal previously established by law – Systemic or generalised deficiencies in the issuing Member State – Two-step examination – Revocation of the suspension attached to a custodial sentence imposed by a Member State – Enforcement of that sentence by another Member State)
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Judicial cooperation in criminal matters – Council Framework Decision 2008/909 on the application of the principle of mutual recognition to judgments in criminal matters – Principle of mutual recognition – Scope – Grounds for non-recognition and non-enforcement – Strict interpretation
(Council Framework Decision 2002/584, as amended by Framework Decision 2009/299; Council Framework Decision 2008/909, as amended by Framework Decision 2009/299, recital 5 and Arts 4, 5, 8 and 9)
(see paragraphs 19, 20, 34, 35)
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Judicial cooperation in criminal matters – Council Framework Decision 2008/909 on the application of the principle of mutual recognition to judgments in criminal matters – Recognition of the judgment and enforcement of the sentence – Obligation to respect fundamental rights and fundamental legal principles – Right to a fair trial – Systemic or generalised deficiencies concerning the independence of the courts in the issuing Member State – Real risk of breach of the fundamental right of the person concerned on account of such deficiencies – Presumption that that right is respected – Verification by the executing judicial authority – Scope
(Charter of Fundamental Rights of the European Union, Art. 47, second para.; Council Framework Decision 2002/584, as amended by Framework Decision 2009/299; Council Framework Decision 2008/909, as amended by Framework Decision 2009/299, Arts 3(4) and 8)
(see paragraphs 27-30, 33, 36-42, operative part)