Дело C-321/16: Pardue, Определение от 10 ноември 2016 г.

Текст

... criminal prosecution authorities — Failure to implement EU law — Article 53(2) of the Rules of Procedure of the Court — Clear lack of jurisdiction of the Court)

In Case C‑321/16,

REQUEST for a preliminary ruling under Article 267 TFEU from the Dublin District Court (Ireland), made by decision of 27 May 2016, received at the Court on 6 June 2016, in the criminal proceedings against

Owen Pardue,

THE COURT (Eighth Chamber),

composed of M. Vilaras, President of the Chamber, M. Safjan (Rapporteur) and D. Šváby, Judges,

Advocate General: E. Sharpston,

Registrar: A. Calot Escobar,

having decided, after hearing the Advocate General, to give a decision by reasoned order, in accordance with Article 53(2) of the Rules of Procedure of the Court,

makes the following

Order

1. This request for a preliminary ruling concerns the interpretation of the preamble and Articles 6, 20, 41, 47 and 48 of the Charter of Fundamental Rights of the European Union (‘the Charter’).

2. This request has been submitted in criminal proceedings brought in Ireland against Mr Owen Pardue.

Irish law

3. The Prosecution of Offences Act 1974 established the role of the Director of Public Prosecutions (‘the DPP’), responsible for criminal prosecutions.

The dispute in the main proceedings and the questions referred for a preliminary ruling

4. The order for reference indicates that, on 9 February 2014, Mr Pardue had an altercation with his landlord. The next day, he was arrested in connection with those facts by the Garda Ms Harmon, a police ...