Police and judicial cooperation in criminal matters — European arrest warrant — Concept of ‘issuing judicial authority’ — European arrest warrant issued by a public prosecutor’s office of a Member State — Whether subordinate to a body of the executive — Power of a Ministry of Justice to issue an instruction in a specific case — No guarantee of independence

Judicial cooperation in criminal matters - Public references to guilt - Pre-trial detention decision - Remedies - Procedure for reviewing the lawfulness of that decision - Observance of the presumption of innocence - Right to have a case heard within a reasonable time. - National legislation restricting the powers of the national courts to make a request to the Court of Justice for a preliminary ruling or obliging them to adjudicate without waiting for the answer to that request - Disciplinary sanctions for failure to comply with that legislation

Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions - recognition and execution of judgment where the sentenced person has been conditionally released without any additional obligations being imposed.

Reference for a preliminary ruling – Article 2 and the second subparagraph of Article 19(1) TEU – Rule of law – Effective judicial protection – Principle of judicial independence – Procedure for appointment to a position as judge at the Sąd Najwyższy (Supreme Court, Poland) – Appointment by the President of the Republic of Poland on the basis of a resolution emanating from the National Council of the Judiciary – Lack of independence of that council – Lack of effectiveness of the judicial remedy available against such a resolution – Judgment of the Trybunał Konstytucyjny (Constitutional Court, Poland) repealing the provision on which the referring court’s jurisdiction is based – Adoption of legislation declaring the discontinuance of pending cases by operation of law and precluding in the future any judicial remedy in such cases – Article 267 TFEU – Option …

Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Article 11 — Entry ban — Third-country national on whom such an entry ban has been imposed but who has never left the Member State concerned — Custodial sentence

Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Directive 2002/58/EC – Providers of electronic communications services – Confidentiality of the communications – Limitations – Article 15(1) – Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union – Legislation providing for the general and indiscriminate retention of traffic and location data by providers of electronic communications services – Access of national authorities to retained data for the purpose of investigations – Combating of crime in general – Authorisation given by the public prosecutor’s office – Use of data in criminal proceedings as evidence – Admissibility

Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States - Interpretation of Art. 2(2) FD - point in time

Rule of Presumption of Innocence - Declaration of Guilt - Co-defendant - Fair Trial - Joint Proceedings - Rule of Law

Reference for a preliminary ruling — Article 267 TFEU — Implementation of a preliminary ruling of the Court — Power of a higher court to impose an injunction relating to the detailed rules for implementation — Procedural autonomy of the Member States — Principle of effectiveness — Observance of the rights of the defence

See also CJEU: Prosecutor Can Balance Defence Rights Against Effective Fraud Prosecution (Kolev II)

Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Presumption of innocence and right to be present at the trial in criminal proceedings — Article 8(1) and (2) — Conditions laid down by national law in order to hold a trial in absentia — Non-appearance of accused persons at certain hearings for reasons either within or beyond their control — Right to fair legal process

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties - party’s right to an effective defence before a court - refusal ground if the party residing in the State enforcing the decision did not have a real and effective opportunity to protect his rights at the pre-litigation stage of the proceedings due to not having been given sufficient time to respond to the notification of the imposition of the penalty in a proper manner - Liability of persons in whose name a vehicle is registered

Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings - Art. 3(2) of the Directive - Article 47 of the Charter of Fundamental Rights of the European Union - delay of access to a lawyer

Action for annulment – Article 7(1) TEU – European Parliament resolution on a proposal calling on the Council of the European Union to determine the existence of a clear risk of a serious breach of the values on which the European Union is founded – Articles 263 and 269 TFEU – Jurisdiction of the Court – Admissibility of the appeal – Challengeable act – Article 354 TFEU – Rules for counting votes in the Parliament – Rules of Procedure of the Parliament – Rule 178(3) – Concept of ‘votes cast’ – Abstentions – Principles of legal certainty, equal treatment, democracy and sincere cooperation

Posting of workers — Article 56 TFEU — Articles 9 and 20 of Directive 2014/67/EU — Reporting of workers — Retention of records of wages — Penalties — Proportionality — Fines of a predefined minimum amount — Cumulative — No upper limit - Conformity of Austrian legislation and sanctioning provisions with EU law

The case was decided by order on 19 December 2019.

The case involves a subsequent reference for preliminary ruling in Case C-205/20.

Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking - definition and assessment of the expression "a significant quantity of drugs" - compatibility of Polish law on combating drug addiction with EU law - principles of equality and non-discrimination

Failure of a Member State to fulfil obligations — Second subparagraph of Article 19(1) TEU — Rule of law — Effective judicial protection in the fields covered by Union law — Principles of the irremovability of judges and judicial independence — Lowering of the retirement age of Supreme Court judges — Application to judges in post — Possibility of continuing to carry out the duties of judge beyond that age subject to obtaining authorisation granted by discretionary decision of the President of the Republic