Updated questionnaire and compilation on the requirements for issuing and executing judicial authorities in EAW proceedings pursuant to the CJEU’s case-law

It compiles the replies received from the EU Member States (in relation to the application of the EAW FD), from Iceland and Norway (in relation to the relevant corresponding provisions of the Surrender Agreement of the EU with Iceland and Norway), and the United Kingdom (in relation to the relevant corresponding provisions of the Trade and Cooperation Agreement). [...] In December 2020, the German Presidency, in liaison with Eurojust, the EJN, the Commission, the Portuguese incoming Presidency and the General Secretariat of the Council, decided to assign the responsibility to collect the relevant information to Eurojust and the EJN. [...] In relation to an EAW for the purpose of prosecution, issued by a Bulgarian public prosecutor on the basis of a national arrest warrant also adopted by the public prosecutor, the CJEU ruled that Article 8(1)(c), read in the light of Article 47 of the Charter of Fundamental Rights of the European Union and the case-law of the CJEU, must be interpreted as meaning that the requirements inherent in th. [...] Right of defence of the person concerned As to the right of defence of the person concerned within the context of Directive 2013/48/EU, this right is guaranteed in the proceedings on outgoing and incoming European arrest warrants by the rules of Article 42 and 43 of the Extradition and European Arrest Warrant Act and the rules on mandatory defence under the Penal Procedure Code. [...] The court may not order a person to be remanded unless it considers the measure to be justifiable with consideration to the seriousness of the offence under investigation, the importance of clarifying the offence and the degree to which the use of the coercive measures infringes on the rights of the suspect or of others (principle of proportionality).