The possibility of a retrial had threatened to disrupt Menendez's 2018 reelection campaign.
The order contained three questions: (i) whether Article 4a (1) FD must be interpreted as prohibiting Member States from making the execution of an EAW subject to
the possibility of retrial in cases where a conviction has been rendered in absentia; (ii) whether Article 4a (1) FD is valid in light of Articles 47 and 48 of the EU Charter of Fundamental Rights; and (iii) whether, under Article 53 of the Charter, it can grant a higher level of protection than that provided for under EU law.
If Spain would be allowed to follow its national constitution, persons sentenced in their absence could simply not be surrendered, unless the Issuing State offers
the possibility of a retrial.
Not exact matches
Next year has the
possibility of being jam - packed with corruption trails and
retrials after several convictions were tossed — a
possibility that is not being embraced by Albany.