Communicated on 1 June 2018

THIRD SECTION

Application no. 22618/18 Aitor AGUIRREBARRENA BELDARRAIN against Spain lodged on 7 May 2018

SUBJECT MATTER OF the CASE

The application concerns, firstly, the domestic courts ’ refusal to reduce the applicant ’ s sentence of imprisonment on the basis of new case-law adopted by that court contrary to its previous approach [1] on the interpretation of the Council Framework Decision 2008/675/JHA [2] and, in particular, on taking into account a previous criminal conviction handed down and served in another EU Member State (in the instant case, France). This refusal implied the postponement of the applicant ’ s final release.

The application also concerns the domestic courts ’ refusal to seek a preliminary ruling from the Court of Justice of the European Union, and, in particular, the Constitutional Court ’ s decision declaring the amparo appeal partially inadmissible for non-exhaustion of previous judicial remedies [3] .

QUESTIONS

1. Having regard to the Constitutional Court ’ s decision declaring the amparo appeal lodged by the applicant partially inadmissible for non-exhaustion of previous judicial remedies, did the applicant have effective access to a court, as required under Article 6 § 1 of the Convention (see, by way of comparison, Franek v. Slovakia , no. 14090/10 , § § 50-56)?

2. Was the reasoning of the domestic courts in refusing to grant the applicant ’ s request for a preliminary ruling from the Court of Justice of the European Union compatible with Article 6 § 1 of the Convention (see, by way of comparison, Vergauwen v. Belgium ( déc .), no 4832/04, §§ 89-90, 10 April 2012 and Baydar v. the Netherlands , no. 55385/14 , 24 April 2018 –not final– )?

3. Did the domestic courts ’ refusal to reduce the applicant ’ s sentence of imprisonment [4] amount to a breach of Article 7 of the Convention (see, by way of comparison, Del Río Prada v. Spain [GC], no. 42750/09, §§ 91-93 and §§ 111-118)?

4. Is the applicant ’ s imprisonment in breach of Article 5 § 1 of the Convention and, if so, from which date? ( see , by way of comparison, Del Río Prada v. Spain [GC], cited above, §§ 123-132)?

[1] See Supreme Court judgment of 13 March 2014 (STS no. 186/2014).

[2] Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings.

[3] I.e., for not filing a nullity plea as prescribed in Article 241 § 1 of the Organic Law on the Judiciary as regards the applicant ’ s complaint concerning the domestic courts’ refusal to seek a preliminary ruling from the Court of Justice of the European Union on the interpretation of the EU Framework Decision 2008/675/JHA.

[4] S ee, in particular, the Audiencia Nacional ’s decision ( auto ) of 24 November 2016 and the Supreme Court’s judgment of 1 June 2017 (STS no. 398 / 2017 ) .