Communicated on 24 May 2017

THIRD SECTION

Application no. 8802/17 Rafael CARIDE SIMÓN against Spain lodged on 19 January 2017

SUBJECT MATTER OF THE CASE

The application concerns the domestic authorities ’ refusal to reduce the applicant ’ s sentence of imprisonment on the basis, inter alia , of a new case-law adopted by the Supreme 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 implies the postponement of the applicant ’ s final release.

QUESTIONS tO THE PARTIES

1 . Having regard to the Constitutional Court ’ s decision of 22 July 2016 declaring the amparo appeal lodged by the applicant inadmissible for non ‑ exhaustion of previous judicial remedies, did the applicant exhaust all domestic remedies, as required by Article 35 § 1 of the Convention?

2. D id the domestic courts ’ refusal [3] to reduce the applicant ’ s sentence of imprisonment 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)?

[1] See the Supreme Court ’s 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] See, in particular, the Supreme Court’s judgment of 7 May 2015 (STS no. 270 /201 5 ) and the Audiencia Nacional’s decision of 29 June 2015.