Questions referred:

(1) Must Art. 4(6) of Framework Decision 2002/584 on the European arrest warrant and Art. 9(1)(i) and Art. 25 of Framework Decision 2008/909 be interpreted as precluding national legislation under which, in the case of a sentence imposed without the person concerned having appeared in person at the trial which led to his or her conviction, where the conditions for refusing the surrender of that person, on the one hand, and for ordering the enforcement of that sentence in the territory of the executing State, on the other hand, are satisfied, in accordance with the provisions of that legislation transposing Framework Decision 2002/584, enforcement of that sentence may not be ordered by the court of the executing Member State on the ground that the conditions concerning the recognition of the sentencing judgment, under the provisions of that legislation transposing Framework Decision 2008/909, are not satisfied?

(2) Must Art. 4(6) of Framework Decision 2002/584 and Art. 9(1)(i) and Art. 25 of Framework Decision 2008/909 be interpreted as precluding national legislation under which, in the case of a sentencing judgment handed down without the person concerned having appeared in person at the trial which resulted in his or her conviction and without the conditions for applying the situations referred to in Art. 9(1)(i), in particular the situation set out in point (ii) of that provision, being satisfied, the competent authority of the executing Member State does not have the possibility of recognising that sentencing judgment?

Categories