Melloni v Ministerio Fiscal

Subject Matter

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

(Case C-399/11); [2013] QB 1067; [2013] 3 WLR 717