CJC Database

TRIIAL CASE

Slovenia, Supreme Court of the Republic of Slovenia, VSRS judgment U 2/2023-28, supreme, 12 September 2023, ECLI:SI:VSRS:2023:U.2.2023.28

Deciding court: Vrhovno sodišče Republike Slovenije

Topic: Independence, trust

National Follow Up Of (when relevant): N/A

ECtHR jurisprudence: Tsanova - Gecheva v Bulgaria, App no. 43800/12, 15 September 2015.

TRIIAL CASE

Poland, Constitutional Tribunal, K 7/21, constitutional, 10.03.2022, OTK ZU A/2022, no. 24

Deciding court: Constitutional Tribunal

Topic: mutual trust, independence, impartiality

National Follow Up Of (when relevant): The case follows the ECtHR decisions (in particular the judgment of 29 June 2021, Broda and Bojara v Poland (application no. 26691/18 and no. 27367/18) and the judgmentsof 22 July 2021, Reczkowicz v Poland (application no. 43447/19)

ECtHR jurisprudence: Article 6 of ECHRjudgment of 12 March 2019, Ástráðsson, application no. 26374/18; judgments of 29 June 2021, Broda and Bojara v Poland, application nos. 26691/18 and 27367/18, judgment of 22 July 2021, Reczkowicz v Poland, application no. 43447/19; Dolińska-Ficek and Ozimek v. Poland, application nos. 49868/19 and 57511/19; judgment of 7 May 2021, Xero Flor v Poland, zpplication no. 4907/18; Verein gegen Tierfabriken Schweiz (VgT) v. Switzerland (no. 2), application no. 32772/02; Marckx v. Belgium, application no. 6833/74; Shamayev and Others v. Georgia and Russia, application no. 36378/02; Slivenko and Others v. Latvia, application no. 48321/99; report of the Commission on Human Rights of 14 December 1976; judgment of 25 April 1978, Tyrer v. the United Kingdom, application No. 5856/72; Goodwin v. the United Kingdom, application no. 28957/95; Schalk and Kopf v. Austria, application no. 30141/04; Haas v. Switzerland, application no. 31322/07; judgment of 7 July 1989, Soering v. the United Kingdom, application no. 14028/88; judgment o of 12 May 2005, Öcalan v. Turkey, no. 46221/99; Baka v Hungary, application no. 20261/12; Denisov v Ukraine, application no. 76639/11; Károly Nagy v Hungary, application no. 56665/09; Regner v Czech Republic, application no. 35289/11; Zand v. Austria, application no. 7360/76; Commission decision of 10 October 1990, G. v. Switzerland, application no. 16875/90; decision of 4 May 2010, Mounir El Motassadeq v. Germany, application no. 28599/07; judgment of 5 October 2010, DMD GROUP, a.s. v. Slovakia, application no. 19334/03; judgment of 22 June 2000, Coeme and Others v. Belgium, application nos. 32492/96, 32547/96, 32548/96, 33209/96 and 33210/96: judgment of 28 April 2009, Savino and Others v. Italy, application nos. 17214/05, 20329/05 and 42113/04, § 94; judgment of 9 January 2013, Oleksandr Volkov v. Ukraine, application no. 21722/11; judgment of 28 November 2002, Lavents v Latvia, application no. 58442/00; report of the European Commission of Human Rights of 13 May 198, Piersack v. Belgium; Advance Pharma sp. z o.o. v Poland, application no. 1469/20.

TRIIAL CASE

Court of Justice of the European Union, C‑556/17 - Torubarov, Grand Chamber, 29 July 2019

Deciding court: Court of Justice of the European Union

Topic: mutual trust

National Follow Up Of (when relevant): N/A

ECtHR jurisprudence: N/A

TRIIAL CASE

Hungary, Kúria (Curia), Kfv.II.37.292/2023/6, supreme, 6 September 2023

Deciding court: Curia (the Supreme Court of Hungary)

Topic: mutual trust

National Follow Up Of (when relevant): N/A

ECtHR jurisprudence: N/A

TRIIAL CASE

Slovenia, District Court of Nova Gorica, I Kpd 30101/2020-18, ordinary, 4 September 2020

Deciding court: District Court of Nova Gorica

Topic: Mutual trust

National Follow Up Of (when relevant): N/A

ECtHR jurisprudence: N/A

TRIIAL CASE

Romania, Court of Justice of the European Union (Grand Chamber), C-396/11 Ciprian Vasile Radu (European arrest warrant and surrender procedures between Member States), ECLI:EU:C:2013:39, in connection with Curtea de Apel Constanţa (Court of Appeal, Constanța, Romania), request for a preliminary ruling made by decision of 18 May 2011, received at the Court on 27 July 2011

Deciding court: Court of Justice of the European Union/Court of Appeal Constanta

Topic: Mutual trust

National Follow Up Of (when relevant): The Judgment of the Court in case C-396/11 Ciprian Vasile Radu represents the response to the request made by a national ordinary court, Curtea de Apel Constanța (Court of Appeal, Constanța, Romania). Law no. 300 of November 15, 2013, published in Official Gazette of Romania no. 772 of 11 December 2013 provides multiple changes of the European arrest warrant: issuing authority and procedure, transmission for execution and translation of the European arrest warrant; additional information and guarantees; temporary surrender or hearing of the requested person during the European Arrest Warrant surrender procedure; refusal of surrender; procedure on arrest of the requested person – hearing of the requested person; postponed surrender.Decision of the Constitutional Court no. 712 of December 4, 2014, published in the Official Gazette of Romania, Part I, no. 33 of January 15, 2015 qualified as unconstitutional Articles 211-217 of Romanian Code of Criminal Procedure, articles relevant for the application of Article 104 of the Law no. 302 of 2004 on judicial cooperation in criminal matters: “If the requested person is set at liberty, the court orders against him the measure of judicial control, judicial control on bail or house arrest, the provisions of Art. 211-222 of the Criminal Procedure Code) applying accordingly. In this case, in the situation where, subsequently, the court orders the execution of the European arrest warrant, through the surrender decision, the arrest of the requested person is also ordered to surrender to the issuing judicial authority.”

ECtHR jurisprudence: Articles 5 and 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (indicated in the request for a preliminary ruling)Chahal v. United Kingdom, 15 November 1996, § 112, Reports of Judgments and Decisions 1996-V, Ismoilov v. Russia, no. 2947/06, § 135, 24 April 2008, and Lokpo and Toure v. Hungary, no. 10816/10, § 16, 20 September 2011, A. and Others v. United Kingdom [GC], no. 3455/05, § 164, ECHR 2009, Saadi v. Italy [GC], no 37201/06, §§ 128 and 129. Bernard v. France, § 37, Reports of Judgments and Decisions 1998-II, joint partly dissenting opinion of Judges Bratza, Bonello and Hedigan in the Court of Human Rights judgment in Mamatkulov and Askarov v. Turkey, nos. 46827/99 and 46951/99, § 14; Vinter and Others v. United Kingdom, nos. 66069/09, 130/10 and 3096/10, § 89

TRIIAL CASE

Romania, Court of Justice of the European Union (Second Chamber), C‑241/15 Niculaie Aurel Bob-Dogi (European arrest warrant; Obligation to include in the European arrest warrant information concerning the existence of an ‘arrest warrant’), ECLI:EU:C:2016:385, in connection with request for a preliminary ruling Curtea de Apel Cluj (Court of Appeal, Cluj, Romania), made by decision of 22 May 2015, received at the Court on 25 May 2015

Deciding court: Court of Justice of the European Union/ Court of Appeal Cluj

Topic: Mutual trust

National Follow Up Of (when relevant): The Judgment of the Court in the Case C‑241/15 Niculaie Aurel Bob-Dogi represents the response to the request made by a national ordinary court, Curtea de Apel Cluj (Court of Appeal, Constanța, Romania).Law no. 236 of December 5, 2017, Published in the Official Gazette no. 993 of December 14, 2017 provides multiple changes, including procedure of European arrest warrant and access to a lawyer in both states.

ECtHR jurisprudence: N/A

TRIIAL CASE

Slovenia, Higher Court of Ljubljana, I Kp 34149/2022, appellate, 16 February 2023, ECLI:SI:VSLJ:2023:I.KP.34149.2022

Deciding court: Higher Court of Ljubljana

Topic: mutual trust

National Follow Up Of (when relevant): N/A

ECtHR jurisprudence: Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR), Article 3.Muršić v. Croatia, 20. Oktober 2016.Torreggianni and Others v. Italy, 8. January 2013

TRIIAL CASE

Slovenia, Supreme court of the Republic of Slovenia, judgment XI Ips 38913/19, supreme, 18 October 2019, ECLI:SI:VSRS:2019:XI.IPS.38913.2019.1

Deciding court: Supreme court of the Republic of Slovenia

Topic: mutual trust

National Follow Up Of (when relevant): N/A

ECtHR jurisprudence: N/A

TRIIAL CASE

Italy, District Court of Florence, XXX.XX, ordinary instance, 29/04/2021, reference for a preliminary ruling. Judgment of the Court (Second Chamber) of 30 November 2023 (Joined Cases C‑228/21, C‑254/21, C‑297/21, C‑315/21 and C‑328/21)

Deciding court: District Court of Florence - Section for international protection

Topic: Mutual trust

National Follow Up Of (when relevant):

ECtHR jurisprudence: The national decision directly refers to the ECHR, Article 3 (Prohibition of torture and inhuman or degrading treatment or punishment).The national decision directly refers to the following judgments of the ECtHR (chronological order): M.S.S. v. Belgium and Greece, 21 January 2011, App. No 30696/09, ECLI:CE:ECHR:2011:0121JUD003069609; Hirsi Jamaa and Others v. Italy, 23 February 2012, App. No. 27765/09, ECLI:CE:ECHR:2012:0223JUD002776509; Sharifi and Others v. Italy and Greece, 21 October 2014, App. No 16643/09, ECLI:CE:ECHR:2014:1021JUD001664309.