ECJ EU Criminal/Security Law Cases Overview

Case Information Subject Matter Stage of Proceedings
C-435/22 PPU
Party

HF v Generalstaatsanwaltschaft München

Type of proceeding
Reference for a preliminary ruling
Referring court

Oberlandesgericht München, Germany

Interpretation of Art. 54 CISA and Art. 50 CFR - extradition to third countries (here: USA) - extradition of a non-EU citizen (third country national) against whom a final judgment has been passed by another Member State of the European Union for the same offences to which the extradition request …

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Judicial Cooperation Ne bis in idem
Request Opinion Judgement
C-396/22
Party

Generalstaatsanwaltschaft Berlin

Type of proceeding
Reference for a preliminary ruling
Referring court

Kammergericht Berlin, Germany

Interpretation of Art. 4a of Framework Decision 2002/584 on the European arrest warrant as introduced by Framework Decision 2009/299 - proceedings of subsequent fixing of aggregate sentence - no oral hearing - no examination of guilt - modification of penalty - conformity of the implementation of Art. 4a in Sec. …

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Categories
European Arrest Warrant
Request
C-352/22
Party

A v Generalstaatsanwaltschaft Hamm

Type of proceeding
Reference for a preliminary ruling
Referring court

Oberlandesgericht Hamm (Germany)

Interpretation of Directive 2013/32/EU (Asylum Procedures Directive) and Directive 2011/95 (Qualification Directive) - Binding effect of recognition of persons as a refugee within the meaning of the Geneva Convention on Refugees in another EU Member State for the extradition procedure in the Member States requested to extradite such person to …

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Fundamental Rights Judicial Cooperation
Request
C-281/22
Party

G. K. and Others

Type of proceeding
Reference for a preliminary ruling
Referring court

Oberlandesgericht Wien (Austria)

Interpretation of Art. 31(3) and Art. 32 of Regulation 2017/1939 on the establishment of the European Public Prosecutor's Office (EPPO) - Scope/extent of judicial review in the supporting Member State in the event of cross-border investigations within the EPPO regime - Taking into account the examination of the admissibility of …

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Categories
EPPO
Request
C-261/22
Party

Criminal proceedings against GN

Type of proceeding
Reference for a preliminary ruling
Referring court

Corte suprema di cassazione, Italy

Fundamental rights protection under the Framework Decision on the European Arrest Warrant - (Non-)surrender of a mother who has minor children living with her? - Compatibility of Arts. 1(2) and (3), 3 and 4 of the FD EAW with Arts. 7 and 24(3) of the Charter of Fundamental Rights of …

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Categories
European Arrest Warrant Judicial Cooperation
Request
C-242/22 PPU
Party

TL

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunal da Relação de Évora (cour d’appel d’Évora, Portugal)

Interpretation of Art. 1 to 3 of Directive 2010/64 on the right to interpretation and translation in criminal proceedings - "essential document" - information on the right to interpretation and translation according to Art. 3(1)(d) of Directive 2012/13 - non-transposition into national law - direct effect - revocation of a …

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Procedural Safeguards
Request Opinion Judgement
C-219/22
Party

QS

Type of proceeding
Reference for a preliminary ruling
Referring court

Rayonen sad Nesebar (Bulgaria)

Conformity of provisions of the Bulgarian Code of Criminal Procedure with Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings - taking into account of a conviction handed down in another Member …

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Categories
Taking Account of Convictions
Request
C-209/22
Party

Rayonna prokuratura Lovech

Type of proceeding
Reference for a preliminary ruling
Referring court

Rayonen sad Lukovit (Bulgaria)

Application of Directives 2013/48 on the right of access to a lawyer in criminal proceedings and Directive 2012/13 on the right to information in criminal proceedings factual situations in which coercive measures in the form of personal search and seizure were carried out against a natural person believed by the …

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Categories
Procedural Safeguards
Request
C-179/22
Party

Criminal proceedings against AR

Type of proceeding
Reference for a preliminary ruling
Referring court

Curtea de Apel București, Romania

Relationship between Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union and Framework Decision 2002/584 on the European arrest …

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Categories
European Arrest Warrant Transfer of Sentenced Persons
Request
C-175/22
Party

Criminal proceedings against BK

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsializiran nakazatelen sad (Bulgaria)

Interpretation of Art. 6(3) and (4) of Directive 2012/13/EU on the right to information in criminal proceedings - national case law on the possibility to give a legal classification of the offence in the final judgment, although the offence differs from that set out in the bill of indictment, provided …

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Categories
Procedural Safeguards
Request
C-164/22
Party

Juan v Ministerio Fiscal

Type of proceeding
Reference for a preliminary ruling
Referring court

Audiencia Nacional, Spain

Interpretation of "bis in idem" in Art. 50 CFR and Art. 54 CISA - convictions in Portugal and Spain based on similar pattern of behaviour (pyramid fraud scheme) - totality principle. Compatibility of Spanish legislation on the recognition of judgments delivered in other EU Member States with Union law.


Categories
Taking Account of Convictions Ne bis in idem
Request
C-147/22
Party

Központi Nyomozó Főügyészsé

Type of proceeding
Reference for a preliminary ruling
Referring court

Fővárosi Törvényszék, Hungary

Interpretation of Art. 50 CFR and Art. 54 CISA - discontinuance of criminal proceedings by the public prosecutor in the pre-trial investigation - preclusion of the pursuit of criminal proeceedings in another Member State - possibilities of reopening the case and their compatibility with Art. 50 CFR/Art. 54 CISA.


Categories
Ne bis in idem
Request
C-143/22
Party

ADDE and Others

Type of proceeding
Reference for a preliminary ruling
Referring court

Conseil d'État, France

Question referred: In the event of the temporary reintroduction of border controls at internal borders, under the conditions laid down in Chapter II of Title III of the Schengen Border Code can foreign nationals arriving directly from the territory of a State party to the Schengen Convention signed on 19 …

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Categories
Schengen
Request
C-142/22
Party

The Minister for Justice and Equality

Type of proceeding
Reference for a preliminary ruling
Referring court

Supreme Court - Ireland

Interpretation of Art. 27 (speciality rule) of Framework Decision 2002/584 on the European arrest warrant - consent procedure following a judgment of the CJEU declaring the issuing authority as not judicial (here: Dutch prosecutor) - validity of initial European Arrest Warrants - res iudicata and estoppel principle


Categories
European Arrest Warrant
Request
C-118/22
Party

NG v Direktor na Glavna direktsia ‘Natsionalna politsia’ pri MVR – Sofia

Type of proceeding
Reference for a preliminary ruling
Referring court

Varhoven administrativen sad (Bulgaria)

Directive 2016/680 - processing of personal data by the competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties - requirements for the erasure of a police record.


Categories
Data Protection
Request
C-061/22
Party

RL v Landeshauptstadt Wiesbaden

Type of proceeding
Reference for a preliminary ruling
Referring court

Verwaltungsgericht Wiesbaden, Germany

Compatibility of the obligation to take fingerprints and store them in identity cards in accordance with Article 3(5) of Regulation (EU) 2019/1157 with higher-ranking EU law, in particular Art. 77(3) TFEU,

Art. 7 and 8 CFR, Art. 35(10) GDPR


Categories
Data Protection
Request