Judgment_paragraph 43 · Criminal proceedings against GN (C-261/22)

43While it is primarily for each Member State, in order to ensure the full application of the principles of mutual trust and mutual recognition which underpin the operation of the European arrest warrant mechanism, to ensure, subject to final review by the Court, that the requirements inherent in the fundamental rights enshrined in Article 7 of the Charter and Article 24(2) and (3) thereof are safeguarded, by refraining from any measure capable of undermining them, the existence of a real risk that the person in respect of whom a European arrest warrant has been issued and/or his or her children would, if that person is surrendered to the issuing judicial authority, suffer a breach of those fundamental rights is nevertheless capable of permitting the executing judicial authority to refrain, exceptionally, from giving effect to that European arrest warrant on the basis of Article 1(3) of Framework Decision 2002/584 (see, to that effect, judgments of 22 February 2022, Openbaar Ministerie (Tribunal established by law in the issuing Member State), C‑562/21 PPU and C‑563/21 PPU, EU:C:2022:100, paragraph 46, and of 31 January 2023, Puig Gordi and Others, C‑158/21, EU:C:2023:57, paragraphs 72 and 96).