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Document 62024CN0202
Case C-202/24, Alchaster: Reference for a preliminary ruling from Supreme Court (Ireland) made on 14 March 2024 – Criminal proceedings against MA
Case C-202/24, Alchaster: Reference for a preliminary ruling from Supreme Court (Ireland) made on 14 March 2024 – Criminal proceedings against MA
Case C-202/24, Alchaster: Reference for a preliminary ruling from Supreme Court (Ireland) made on 14 March 2024 – Criminal proceedings against MA
OJ C, C/2024/3592, 17.6.2024, ELI: http://data.europa.eu/eli/C/2024/3592/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Official Journal |
EN C series |
C/2024/3592 |
17.6.2024 |
Reference for a preliminary ruling from Supreme Court (Ireland) made on 14 March 2024 – Criminal proceedings against MA
(Case C-202/24, Alchaster (1) )
(C/2024/3592)
Language of the case: English
Referring court
Supreme Court
Criminal proceedings against
MA
Question referred
1. |
Where, pursuant to the Trade and Cooperation agreement of 30.12.2020 (2) (incorporating the provisions of the Framework Decision of 13 June 2002 in respect of the surrender of persons pursuant to European arrest warrants (3)) surrender is sought for the purposes of prosecution on terrorist offences and the individual seeks to resist such surrender on the basis that he contends that it would be a breach of Art. 7 of the ECHR and Art. 49(2) of the Charter of Fundamental Rights of the European Union on the basis that a legislative measure was introduced altering the portion of a sentence which would be required to be served in custody and the arrangements for release on parole and was adopted after the date of the alleged offence in respect of which his surrender is sought and, where the following considerations apply
|
Is a court against whose decision there is no right of appeal for the purposes of Article 267(3) TFEU, and having regard to Art. 52(3) of the Charter and the obligation of trust and confidence between member states and those obliged to operate surrender to the EAW provisions pursuant to the Trade and Cooperation Agreement, entitled to conclude that the requested person has failed to establish any real risk that his surrender would be a breach of Art. 49(2) of the Charter or is such a court obliged to conduct some further inquiry, and if so, what is the nature and scope of that inquiry?
(1) The name of the present case is a fictitious name. It does not correspond to the real name of any of the parties to the proceedings.
ELI: http://data.europa.eu/eli/C/2024/3592/oj
ISSN 1977-091X (electronic edition)