Back to ECJ EU Criminal/Security Law Cases Overview

Case C-515/21

Case Information Subject Matter Stage of Proceedings

The Minister for Justice and Equality v. PH

Type of proceeding
Reference for a preliminary ruling
Referring court

Court of Appeal, Ireland

Trial in absentia - European Arrest Warrant for the purposes of enforcing a sentence of a first offence which was suspended ab initio but subsequently ordered to be enforced because of a conviction of a second offence within the probation period - Criminal proceedings that led to the conviction of the second offence as well as the enforcement order conducted in absentia - interpretation of the notion " 'trial resulting in the decision" for the purposes of Art. 4a(1) of Council Framework Decision 2002/584/JHA - violation of Art. 6 ECHR and Art. 47, 48(2) CFR due to the absence of the defendant in the second set of proceedings - consequences for the decision to surrender - lack of a right to retrial or appeal for the requested person - breach of essence of fundamental rights - delineation to Case C-571/17 PPU (Ardic)

Fundamental Rights European Arrest Warrant Procedural Safeguards