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Document 62021CN0105

Case C-105/21: Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Bulgaria) lodged on 22 February 2021 — Criminal proceedings against IR

OJ C 163, 3.5.2021, p. 16–17 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

3.5.2021   

EN

Official Journal of the European Union

C 163/16


Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Bulgaria) lodged on 22 February 2021 — Criminal proceedings against IR

(Case C-105/21)

(2021/C 163/22)

Language of the case: Bulgarian

Referring court

Spetsializiran nakazatelen sad

Party to the main proceedings

IR

Questions referred

1.

Would it be in conformity with Article 6 of the Charter — read in conjunction with Article 5(4), (2) and (1)(c) ECHR — and with Article 47 of the Charter, the right to freedom of movement, the principle of equality and the principle of mutual trust if the issuing judicial authority, according to Article 6(1) of Framework Decision 2002/584, were to make no effort whatsoever to inform the requested person, while he or she is in the territory of the executing Member State, of the factual and legal bases for his or her arrest and of the right to challenge the arrest warrant?

2.

If so: Does the principle of the primacy of EU law over national law require the issuing judicial authority not to provide that information and, moreover, if the requested person requests the withdrawal of the national arrest warrant despite that failure to provide information, does that principle require the issuing judicial authority to assess that request on the merits only after the requested person has been surrendered?

3.

What legal measures of EU law are the appropriate basis for such provision of information?


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