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Document C2005/271/26

Case C-303/05: Reference for a preliminary ruling of 13 July 2005 from the Arbitragehof (Belgium) in the proceedings between Advocaten voor de wereld, a non-profit-making association, and the Council of Ministers

ĠU C 271, 29.10.2005, p. 14–14 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

29.10.2005   

EN

Official Journal of the European Union

C 271/14

Reference for a preliminary ruling of 13 July 2005 from the Arbitragehof (Belgium) in the proceedings between Advocaten voor de wereld, a non-profit-making association, and the Council of Ministers

(Case C-303/05)

(2005/C 271/26)

Language of the case: Dutch

Reference has been made to the Court of Justice of the European Communities by judgment of the Arbitragehof (Court of Arbitration) (Belgium) of 13 July 2005, received at the Court Registry on 29 July 2005, for a preliminary ruling in the proceedings between Advocaten voor de wereld, a non-profit-making association, and the Council of Ministers on the following questions:

1.

Is Framework Decision 2002/584/JHA (1) of the Council of the European Union of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States compatible with Article 34(2)(b) of the Treaty on European Union, under which framework decisions may be adopted only for the purpose of approximation of the laws and regulations of the Member States?

2.

Is Article 2(2) of Framework Decision 2002/584/JHA of the Council of the European Union of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, in so far as it sets aside verification of the requirement of double criminality for the offences listed therein, compatible with Article 6(2) of the Treaty on European Union and, more specifically, with the principle of legality in criminal proceedings guaranteed by that provision and with the principle of equality and non-discrimination?

(1)  OJ 2002 L 190, p. 1.

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