Judgment of the Court (Grand Chamber) of 27 May 2019 (request for a preliminary ruling from the Supreme Court, High Court (Ireland) — Ireland) — Proceedings relating to the execution of European arrest warrants issued in respect of OG (C-508/18), PI (C-82/19 PPU)

(Joined Cases C-508/18 and C-82/19 PPU) (1)

(Reference for a preliminary ruling - Urgent preliminary ruling procedure - Police and judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - Article 6(1) - Concept of ‘issuing judicial authority’ - European arrest warrant issued by a public prosecutor’s office of a Member State - Legal position - 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)

(2019/C 263/26)

Language of the case: English

Referring court

Supreme Court, High Court (Ireland)

Parties to the main proceedings

Applicant: OG (C-508/18) and PI (C-82/19 PPU)

Operative part of the judgment

1.	Cases C-508/18 and C-82/19 PPU are joined for the purposes of the judgment.

2.

The concept of an ‘issuing judicial authority’, within the meaning of Article 6(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as not including public prosecutors’ offices of a Member State which are exposed to the risk of being subject, directly or indirectly, to directions or instructions in a specific case from the executive, such as a Minister for Justice, in connection with the adoption of a decision to issue a European arrest warrant.

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(1)  OJ C 364, 8.10.2018.

OJ C 122, 1.4.2019.