Rectification order of 13 April 2021.#Svishtov Regional Prosecutor’s Office v PI.#Rectification of judgment.#Case C-648/20 PPU.

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‘As to the fact that, in its written answer to questions put by the Court, the Bulgarian Government states that, after the surrender of the requested person following the execution of a European arrest warrant, that person will immediately be brought before a court which will examine the need to impose a preventive measure involving deprivation or restriction of liberty and will thus also review the proportionality of that warrant, that practice is not, however, such as to ensure that the Bulgarian procedural system is in conformity with the requirements arising from Framework Decision 2002/584.’

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‘It should be stated, as the Advocate General observes in points 33 and 34 of his Opinion, that, by the judgment of 13 January 2021, MM (C‑414/20 PPU, EU:C:2021:4), the Court did not rule directly on the question whether the Bulgarian procedure for the issuing of a European arrest warrant by a prosecutor during the pre-trial stage of criminal proceedings satisfied the requirements inherent in effective judicial protection, but confined itself to holding that, where the law of the issuing Member State does not contain a separate legal remedy, EU law confers jurisdiction on a court of that Member State to review indirectly the validity of the European arrest warrant. Accordingly, it cannot be inferred from that judgment that the Court ruled that the existence of such a possibility of ex post judicial review was such as to satisfy the requirements inherent in the effective judicial protection of the rights of the requested person.’