(Case C-626/19 Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 22August 2019— Openbaar Ministerie v YC
Fecha: 22-Ago-2019
Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 22August 2019— Openbaar Ministerie v YC
(Case C-626/19)
Language of the case: Dutch
Referring court
Rechtbank Amsterdam
Parties to the main proceedings
Applicant: Openbaar Ministerie
Defendant: YC
Questions referred
Can a Public Prosecutor who participates in the administration of justice in the issuing Member State, who acts independently in the execution of those of his responsibilities which are inherent in the issuing of a European arrest warrant, and who has issued an EAW, be regarded as an issuing judicial authority within the meaning of Article6(1) of Framework Decision 2002/584/JHA1 if a judge in the issuing Member State has assessed the conditions for issuing an EAW and, in particular, the proportionality thereof, prior to the actual decision of that Public Prosecutor to issue the EAW?
If the answer to the first question is in the negative: has the condition been met that the decision of the Public Prosecutor to issue an EAW and, in particular, the question of its proportionality, must be capable of being the subject of court proceedings which meet in full the requirements inherent in effective judicial protection as referred to in paragraph75 of the judgment of the Court of Justice of 27May 2019 (Cases C-508/18 and C-82/19 PPU, EU:C:2019:456) if, after his actual surrender, the requested person can avail of a legal remedy under which the invalidity of the EAW may be invoked before a court in the issuing Member State and under which that court examines, inter alia, whether the decision to issue that EAW was proportionate?