The Law Reports (Queen's Bench Division)
[2013] QB 1067
Court of Justice of the European Union
Melloni
v
Ministerio Fiscal
(Case C-399/11)
2012 July 3;
Oct 2;
2013 Feb 26
President V Skouris, Vice-President K Lenaerts, Presidents of Chambers A Tizzano, R Silva de Lapuerta, L Bay Larsen, T von Danwitz, A Rosas, E Jarašiūnas, Judges E Levits, A Ó Caoimh, J-C Bonichot, M Safjan, CG Fernlund Advocate General Y Bot
European Union— Justice and home affairs— European arrest warrant— Defendant convicted and sentenced in absence— Warrant issued for purposes of execution of sentence— Whether executing authority precluded from making defendant’s surrender conditional upon right to have conviction reviewed— Whether such preclusion compatible with right to fair trial and right of defence— Whether executing authority entitled to make execution of warrant conditional on grounds of infringement of defendant’s fundamental rights guaranteed by national law—
Council Framework Decision 2002/584/JHA, art 4a(1) (as inserted by Council Framework Decision 2009/299/JHA, art 2)
—
Charter of Fundamental Rights of the European Union
, arts 47, 48, 53