JUDGMENT OF 25. 7. 2018 –– CASE C-220/18 PPU GENERALSTAATSANWALTSCHAFT (CONDITIONS OF DETENTION IN HUNGARY) that it is difficult to gauge the extent to which the possibility, introduced by the 2016 Law, of commuting imprisonment into house arrest has actually had an impact in reducing prison overcrowding in Hungary. 68 In its written observations and at the hearing, Hungary has disputed the existence of such deficiencies affecting the conditions of detention in its territory. It submits that the referring court wrongly attaches overmuch importance to the judgment of the ECtHR of 10 March 2015, Varga and Others v. Hungary (CE:ECHR:2015:0310JUD001409712), and fails to take account of matters subsequent to the delivery of that judgment. In particular, the referring court has not taken into account the improvements made to prison life, the legislative amendments made to give effect to that judgment or more recent decisions of the European Court of Human Rights. 69 In that regard, the point should be made, however, that, in the present reference for a preliminary ruling, the Court is not asked about the existence of systemic or generalised deficiencies in detention conditions in Hungary. 70 In fact, by its questions, which are based on the premiss that such deficiencies do exist, the referring court in essence seeks to ascertain whether, having regard to the case-law referred to in paragraphs 61 to 66 of this judgment, the various pieces of information that have been provided to it by the issuing Member State allow it to rule out the existence of a real risk that the individual concerned will be subjected in the issuing Member State to inhuman or degrading treatment within the meaning of Article 4 of the Charter. 71 The Court must therefore reply to those questions on the basis of the premiss adopted by the referring court on its sole responsibility, whose accuracy that court must verify by taking account of properly updated information, as stated in paragraph 60 of this judgment, having regard, in particular, to the fact that the provisions of the 2016 Law have been in force since 1 January 2017, as those provisions may, if applied, call that premiss into question. The existence of a legal remedy in the issuing Member State concerning the legality of detention conditions in the light of the fundamental rights 72 It is not disputed that, by the 2016 Law, Hungary introduced, with effect from 1 January 2017, a remedy enabling prisoners to challenge, in court proceedings, the legality of the conditions of their detention in the light of the fundamental rights. 73 As all the interested persons who have participated in the present proceedings have submitted, although a remedy of that kind can constitute an effective judicial remedy for the purposes of Article 47 of the Charter, it cannot, on its own, suffice to rule out a real risk that the individual concerned will be subject in the issuing Member State to inhuman or degrading treatment within the meaning of Article 4 of the Charter. 74 Such subsequent judicial review of detention conditions in the issuing Member State is an important development, which may act as an incentive to the authorities of that State to improve detention conditions and which may therefore be taken into account by the executing judicial authorities when, for the purpose of deciding on whether a person who is the subject of a European arrest warrant should be surrendered, they make an overall assessment of the conditions in which it is intended that a person will be held. However, such review is not, as such, capable of averting the risk that that person will, following his surrender, be subjected to treatment that is incompatible with Article 4 of the Charter on account of the conditions of his detention. 14 ECLI:EU:C:2018:589

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