Judgment of the Court (Third Chamber) of 28 November 2024.PT v Spetsializirana prokuratura.Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Criminal offences and penalties in the field of illicit drug trafficking and the fight against organised crime – Possibility to reduce applicable penalties – Scope – Framework Decision 2004/757/JHA – Articles 4 and 5 – Framework Decision 2008/841/JHA – Articles 3 and 4 – National legislation not implementing EU law – Article 51(1) of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Second subparagraph of Article 19(1) TEU – Criminal proceedings against several persons – Agreement for settlement of the case provided for in national law – Approval by an ad hoc court – Consent of the other defendants.Case C-432/22.

This judgment concerns the interpretation of EU law regarding criminal proceedings and plea agreements in cases involving multiple defendants. The key points are:1. The case deals with criminal proceedings in Bulgaria where one defendant wanted to enter into a plea agreement during trial, but national law required consent from all other co-defendants and review by a separate court.2. The Court analyzed whether these requirements were compatible with EU law, particularly regarding effective judicial protection under Article 19(1) TEU. The main structural elements examined were:

• The requirement for a separate court to review plea agreements
• The need for consent from all co-defendants
• The implications for judicial impartiality and fair trial rights

3. The Court’s key findings were:

• Having a separate court review plea agreements is permissible to ensure impartiality
• Requiring consent from all co-defendants is allowed to protect their defense rights
• These requirements do not violate EU principles of effective judicial protection

The judgment is important for Ukraine as it deals with organized crime and drug trafficking cases, which are relevant areas of criminal law cooperation between the EU and Ukraine. It also establishes principles for handling plea agreements in complex criminal cases with multiple defendants.

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