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2016-8 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2016)

handle is hein.intyb/rcbjcofi0383 and id is 1 raw text is: 





    VRw                            Reports of Cases




                                       Case C-182/15
                                     Aleksei Petruhhin


                    (Request for a preliminary ruling from the Augstaka tiesa)


  (Reference for a preliminary ruling - Citizenship of the Union - Extradition to a third State of a
  national of a Member State who has exercised his right to freedom of movement - Scope of EU
  law - Protection of a Member State's nationals against extradition - No protection for nationals of
    the other Member States - Restriction of freedom of movement - Justification based on the
 prevention of impunity - Proportionality - Verification of the guarantees provided for in Article 19
                  of the Charter of Fundamental Rights of the European Union)


             Summary  -  Judgment of the Court (Grand Chamber), 6 September 2016

1.  Questions referred for a preliminary ruling - Admissibility - Limits - Clearly irrelevant
    questions and hypothetical questions put in a context not permitting a useful answer - None

    (Art. 267 TFEU)

2.  Citizenship of the Union - Right to move and reside freely in the territory of the Member States -
    Request to a Member State from a third State seeking to extradite a Union citizen, a national of
    another Member  State having exercised his right to move freely in the first Member State -
    Obligation on that Member State to inform the Member State of which the citizen is a national
    and, should that Member  State so request, surrender that citizen to it, in accordance with the
    provisions on the European arrest warrant and the surrender procedures between Member States -
    Whether permissible - Condition

    (Arts 18 TFEU and 21 TFEU;  Council Framework Decision 2002/584, as amended by Framework
    Decision 2009/299)

3.  Citizenship of the Union - Right to move and reside freely in the territory of the Member States -
    Request to a Member State from a third State seeking to extradite a Union citizen, a national of
    another Member  State having exercised his right to move freely in the first Member State -
    Obligation to verify compliance with the safeguards established in Article 19 of the Charter of
    Fundamental  Rights of the European Union - Criteria

    (Arts 18 TFEU  and 21 TFEU;  Charter of Fundamental Rights of the European Union, Art. 19;
    Council Framework Decision 2002/584, as amended by Framework Decision 2009/299)

1. See the text of the decision.

                                                                        (see paras 20, 23, 24)


ECLJ:EU:C:2016:6301


1

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