JUDGMENT OF 25. 7. 2018 –– CASE C-220/18 PPU
GENERALSTAATSANWALTSCHAFT (CONDITIONS OF DETENTION IN HUNGARY)
degrading treatment –– be bound to conclude that the requested surrender is unlawful. Consequently,
it would also be obliged to release that person from the custody ordered for the purposes of
extradition.
43
In that regard, it should be stated, in the first place, that the present reference for a preliminary ruling
concerns the interpretation of the Framework Decision, which falls within the fields covered by Title V
of Part Three of the FEU Treaty, relating to the area of freedom, security and justice. Consequently,
the reference can be dealt with under the urgent preliminary ruling procedure.
44
In the second place, as regards the criterion relating to urgency, it is necessary, in accordance with the
settled case-law of the Court, to take into account the fact that the person concerned is currently
deprived of his liberty and that the question whether he may continue to be held in custody depends
on the outcome of the dispute in the main proceedings. In addition, the situation of the person
concerned must be assessed as it stands at the time when consideration is given to the request that
the reference be dealt with under the urgent procedure (judgment of 22 December 2017, Ardic,
C-571/17 PPU, EU:C:2017:1026, paragraph 58 and the case-law cited).
45
In the present case, it is not in dispute that, at that time, the person concerned was in custody and
thus deprived of his liberty. Moreover, it is apparent from the explanation provided by the referring
court that that person’s continued detention depends on the outcome of the case in the main
proceedings. Indeed, the detention measure against him was ordered in the context of the execution
of a European arrest warrant issued in relation to him. Consequently, the decision of that court on his
possible surrender to the Hungarian authorities will depend on the answers that the Court of Justice
gives to the questions referred for a preliminary ruling in this case.
46
In those circumstances, on 17 April 2018 the First Chamber of the Court, acting on a proposal from
the Judge-Rapporteur and after hearing the Advocate General, decided to grant the referring court’s
request that the present reference be dealt with under the urgent preliminary ruling procedure.
Consideration of the questions referred
47
By its questions, which it is appropriate to consider together, the referring court asks, in essence,
whether Article 1(3), Article 5 and Article 6(1) of the Framework Decision must be interpreted as
meaning that, when the executing judicial authority has information showing there to be systemic or
generalised deficiencies in the detention conditions in the prisons of the issuing Member State, that
authority may rule out the existence of a real risk that the person in respect of whom a European
arrest warrant has been issued for the purpose of executing a custodial sentence will be subjected to
inhuman and degrading treatment, within the meaning of Article 4 of the Charter, merely because
that person has, in the issuing Member State, a legal remedy enabling him to challenge the conditions
of his detention and, if that is not the case, whether that authority is then required to assess the
conditions of detention in all the prisons in which the person concerned could potentially be
detained, including on a temporary or transitional basis, or only the conditions of detention in the
prison in which, according to the information available to that authority, he is likely to be detained for
most of the time. That court also asks whether the abovementioned provisions must be interpreted as
meaning that the executing judicial authority must assess all the conditions of detention and whether,
in the context of that assessment, that authority may take into account information provided by
authorities of the issuing Member State other than the executing judicial authority, such as, in
particular, an assurance that the person concerned will not be subjected to inhuman or degrading
treatment within the meaning of Article 4 of the Charter.
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ECLI:EU:C:2018:589
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