Openbaar Ministerie v. S.A.S. (Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA.)

Openbaar Ministerie v. S.A.S. (Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA.)

The case "Openbaar Ministerie v. S.A.S." involved a legal dispute before the European Court of Justice (ECJ) concerning the interpretation of Article 4a(1)(a)(i) of the Council Framework Directive 2002/584/JHA, commonly known as the European Arrest Warrant (EAW) Framework Decision. In this case, the issue revolved around the conditions under which an executing judicial authority (the country where an individual is located) could refuse to execute a European Arrest Warrant issued for the purpose of executing a custodial sentence or detention order when the person did not appear in person at the trial that resulted in the decision. The judgment emphasized the importance of ensuring the accused's right to a fair trial, including effective notice of the trial date and place, and the responsibilities of both the issuing and executing judicial authorities in the EAW process.

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