Member States should take appropriate measures to ensure that suspects or accused persons and requested persons are entitled to receive effective legal aid to ensure the right to a fair trial in accordance with this Recommendation.

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial (OJ 2002 L 190, p. 1 and OJ 2009 L 81, p. 24).

According to Advocate General Bot, the judicial authorities which are to execute a European arrest warrant cannot make the surrender of a person, convicted in their absence but aware of the scheduled trial, subject to a right to review the judgment in the Member State which issues the warrant

2. A copy of the report must be supplied free of charge to the person entitled.

2. A copy of the report must be supplied free of charge to the person entitled.

where the arrest warrant has been issued for the purposes of executing a sentence or a detention order imposed by a decision rendered in absentia and if the person concerned has not been summoned in person or otherwise informed of the date and place of the hearing which led to the decision rendered in absentia, surrender may be subject to the condition that the issuing judicial authority gives an assurance deemed adequate to guarantee the person who is the subject of the arrest warrant that he or she will have an opportunity to apply for a retrial of the case in the issuing State and to be present at the judgment.