Request for a preliminary ruling from the Conseil Constitutionnel (France) lodged on 4 April 2013 — Jeremy F. v Premier ministre

(Case C-168/13)

2013/C 156/38

Language of the case: French

Referring court

Conseil Constitutionnel

Parties to the main proceedings

Applicant: Jeremy F.

Defendant: Premier ministre

Question referred

Must Articles 27 and 28 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (1) be interpreted as precluding the Member States from providing for an appeal suspending execution of the decision of the judicial authority which rules, within a period of 30 days from receipt of the request, in order either to consent to the prosecution, sentencing or detention of a person with a view to the carrying out of a custodial sentence or detention order for an offence committed prior to his surrender pursuant to a European arrest warrant, other than that for which he was surrendered, or to consent to the surrender of a person to a Member State other than the executing Member State pursuant to a European arrest warrant issued for an offence committed prior to his surrender?

(1)  OJ 2002 L 190, p. 1.