JUDGMENT OF 25. 7. 2018 –– CASE C-220/18 PPU GENERALSTAATSANWALTSCHAFT (CONDITIONS OF DETENTION IN HUNGARY) 37 Should the legal remedy in question not avert the risk of a prisoner being subjected to inhuman or degrading treatment as a result of the conditions of his detention, the referring court enquires, in the second place, about the extent, in view of the information and assurances obtained from the Hungarian authorities, of any obligation it may have to review the arrangements for and conditions of detention in all the prisons in which ML might be held. 38 In that regard, the referring court is uncertain, first of all, whether the assessment of detention conditions must concern all the prisons in which ML might be held, including those used on a transitional or temporary basis, or whether the review may be limited to those in which, according to the information provided by the issuing Member State, ML is likely to be incarcerated for most of the time. Although the referring court is able to rule out all risk of inhuman or degrading treatment at Szombathely prison, the Hungarian authorities have not provided enough information for such a finding to be made with regard to Budapest prison or the other detention centres to which they may, having left themselves that option, subsequently decide to transfer ML. That court also raises the question of the extent of the assessment to be made in this regard and the criteria to be used. In particular, it is uncertain whether it must take into account the case-law of the European Court of Human Rights, as stated in its judgment of 20 October 2016, Muršić v. Croatia (CE:ECHR:2016:1020JUD000733413). 39 Moreover, in the event of the executing judicial authorities being required to assess all the prisons in which ML might be detained, the referring court raises the question, first, of whether it may be satisfied with the general statements made by the Hungarian authorities that ML will not be exposed to a risk of inhuman or degrading treatment, or whether it may make ML’s surrender subject to the sole condition that he will not be exposed to such treatment. Should that not be the case, the referring court asks, first, what significance it should attach to the fact that the Hungarian authorities have stated that ML’s ‘transitional’ detention will not exceed three weeks, given that the statement is expressed subject to the reservation ‘circumstances permitting’. Secondly, it wishes to ascertain whether it may take into account information when it is not possible to determine whether that information has been provided by the issuing judicial authority within the meaning of Article 6(1) of the Framework Decision or by a central authority within the meaning of Article 7(1) of that decision, acting in response to a request by the issuing judicial authority. 40 In those circumstances, the Hanseatisches Oberlandesgericht in Bremen (Higher Regional Court of Bremen) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling: ‘(1) What significance does it have, for the purpose of the interpretation of [Article 1(3), Article 5 and Article 6(1) of the Framework Decision, in conjunction with Article 4 of the Charter] if legal remedies exist for detainees in the issuing Member State in respect of the conditions of their detention? (a) If, taking account of the aforementioned provisions, the executing judicial authority is in possession of evidence of systemic or general deficiencies affecting certain groups of persons or certain prisons in the issuing Member State, is a real risk of inhuman or degrading treatment of the person whose surrender is sought in the event of his surrender, which would render the surrender inadmissible, to be ruled out merely by reason of the fact that such legal remedies have been introduced, without the need for further assessment of the conditions of detention? (b) Is it of significance in this regard that the European Court of Human Rights has held in respect of such legal remedies that there is no evidence that they do not offer detainees realistic perspectives of improving unsuitable conditions of detention? 8 ECLI:EU:C:2018:589