Communicated on 15 March 2017
THIRD SECTION
Application no. 3083/17
Pedro Jose PICABEA UGALDE
against Spain
lodged on 28 December 2016
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.
QUESTION tO THE PARTIES
Did the domestic court’s 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 27 January 2015 (STS no. 874/2014); the subsequent Supreme Court’s decision (auto) of 20 May 2015 ruling against the nullity plea lodged by the applicant; and the Constitutional’s Court decision (auto) of 20 September 2016 in the amparo appeal no. 4001/2015.
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