Judging the Charter

The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers

Applicability – Yes or no? Burglary

A, a Hungarian national, is accused of having committed burglary. A Hungarian district court issued a European arrest warrant. A was temporarily arrested in Bremen, Germany, but denied responsibility.

The national court cannot state in which prison A would be held. Hungary was repeatedly convicted by the European Court of Human Rights for the condition of its prisons.

Are Charter rights applicable in this case?


In Aranyosi/ Caldararu the CJEU made clear that:

In that regard, it must be stated that compliance with the Charter, is binding, as is stated in Article 51(1) of the Charter, on the Member States and, consequently, on their courts, where they are implementing EU law, which is the case when the issuing judicial authority and the executing judicial authority are applying the provisions of national law adopted to transpose the Framework Decision.