A New Hope? The Court of Justice Restores the Balance Between Fundamental Rights Protection and Enforcement Demands in the European Arrest Warrant System

2018 ◽  
Keyword(s):  
Fundamental Rights ◽  
Arrest Warrant ◽  
Rights Protection ◽  
Court Of Justice ◽  
European Arrest Warrant

scholarly journals What constitutes evidence of poor prison conditions after Aranyosi and Căldăraru? Examining the role of inspection and monitoring bodies in European Arrest Warrant decision-making

2019 ◽  
Vol 10 (3) ◽  
pp. 209-226
Author(s):  
Mary Rogan
Keyword(s):  
Decision Making ◽  
Fundamental Rights ◽  
Decision Making Process ◽  
Critical Question ◽  
High Stakes ◽  
Arrest Warrant ◽  
European Arrest Warrant

The case of Aranyosi and Căldăraru confirms that where prison conditions are so poor as to breach fundamental rights, the non-execution of an European Arrest Warrant is justified. Given the high stakes nature of such a decision, this article examines a critical question: What will be the possible sources of evidence which can and should be used in such an assessment? The article posits that prison inspection and monitoring bodies, which have the task of visiting prisons and reporting on them, with a view to the prevention of ill treatment, will take on an important role in this decision-making process. The article examines what this role might entail and the implications of the decision for prison inspection and monitoring bodies.

Mutual Trust, Essence and Federalism – Between Consolidating and Fragmenting the Area of Freedom, Security and Justice after LM

2019 ◽  
Vol 15 (1) ◽  
pp. 17-47 ◽  
Author(s):  
Mattias Wendel
Keyword(s):  
Rule Of Law ◽  
Judicial Independence ◽  
Fair Trial ◽  
Fundamental Rights ◽  
Mutual Trust ◽  
Arrest Warrant ◽  
European Arrest Warrant ◽  
Eu Fundamental Rights

Mutual trust – Essence of EU fundamental rights – Values under Article 2 TEU – Intrinsic link between essence and values – Federalism – LM judgment – Rule of law crisis in Poland – Right to fair trial – Judicial independence – Fundamental right to an independent tribunal – Prohibition on transfers – Obligation to presume compliance with fundamental rights – Condition of ‘systemic deficiencies’ as a federal safeguard – Area of Freedom, Security and Justice – European Arrest Warrant – Dublin system

Melloni in Three Acts: From Dialogue to Monologue

2014 ◽  
Vol 10 (2) ◽  
pp. 308-331 ◽  
Author(s):  
Aida Torres Pérez
Keyword(s):  
Constitutional Court ◽  
Final Decision ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Protection ◽  
Rights Protection ◽  
Court Of Justice ◽  
European Arrest Warrant ◽  
Constitutional Right ◽  
The Right

On 13 February 2014, the Spanish Constitutional Court came to a final decision regarding the fate of Mr Stefano Melloni. The story of the case is worthy of attention not only from the perspective of the interaction between the Spanish Constitutional Court and the Court of Justice of the European Union (CJEU), but also from the standpoint of the conflicting levels of rights' protection in Europe. The story of Melloni can be described in three acts: setup, confrontation, and resolution.First, the setup: in 2011, the Spanish Constitutional Court made its first and (so far) only preliminary reference to the CJEU. The Constitutional Court was faced with a collision between the constitutional right to fair trial of persons convicted in absentia and the obligation under EU law to execute a European arrest warrant (heretofore EAW). This setup generated great anticipation, both because of the protagonists and the type of conflict, since in this case what obstructed one member state from complying with EU law was its higher level of constitutional protection for the right in question.

How Much Independence is Necessary to Issue a European Arrest Warrant?

2020 ◽  
Vol 10 (1) ◽  
pp. 5-26
Author(s):  
Tanja Niedernhuber
Keyword(s):  
European Union ◽  
The European Union ◽  
Arrest Warrant ◽  
Legislative Change ◽  
Framework Decision ◽  
Court Of Justice ◽  
European Arrest Warrant ◽  
The Subject ◽  
Judicial Authority ◽  
The Moment

The competence for issuing a European Arrest Warrant (EAW) is a hot topic at the moment. It has been the subject of four rulings of the Court of Justice of the European Union (CJEU) alone in 2019. These are preceded by three more rulings on the same subject from 2016. All of these judgments addressed the same core question: was the issuing authority a “judicial authority” and independent enough to issue an EAW pursuant to Art. 6 (1) of the Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (FD-EAW)? If the answer to that question is “no”, the EAW issued by the incompetent authority is not valid. This article analyses the concept of “judicial authority” in the context of the FD-EAW and the legislative change currently discussed in Germany in the light of the requirements established by the CJEU.

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