G.5 Procedural Fundamental Rights applicable in EAW proceedings

Articles 47 to 50 CFR (see above Section E.3) are also relevant to EAW proceedings, with respect to whether a person will receive due process rights in the Executing State during the EAW hearing.

With respect to article 47 CFR, the Explanations to the Charter confirm that EU law has gone further than the ECHR in that the right to an effective remedy is guaranteed before a court: Case 222/84 Johnston [1986] ECR 1651 et seq., not just a national authority as is set out in article 13 ECHR. The right to a fair trial is also not confined to disputes relating to civil law rights and obligations, or a criminal charge, as article 6(1) ECHR is. This means that article 47 CFR could potentially be invoked in the Executing State to seek due process rights in the course of the surrender proceedings, which has not been possible under article 6 ECHR. For example, if the court refuses to allow an adjournment for you to prepare your case for the surrender hearing, or refuses to hear evidence from experts or an ISL, or does not provide a translation of the EAW or an interpreter to assist your client. However, there is no jurisprudence from the CJEU as yet as to whether the article can be applied in this way.