Publication details
Evropský zatýkací rozkaz ve stínu krize právního státu: dům postavený na písku
| Title in English | European Arrest Warrant in the Shadow of the Rule of Law Crisis: a House Built on Sand |
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| Authors | |
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Pravnik |
| MU Faculty or unit | |
| Citation | |
| web | Web nakladatele |
| Keywords | mutual trust; European Arrest Warrant; rule of law crisis; Poland; constitutional identity |
| Description | Mutual trust between Member States is one of the fundamental principles of European integration. Over the last two decades, it has served as a cornerstone of cooperation not only in the internal market but also in criminal matters. However, trust between Member States has been in decline in recent years, and the European Arrest Warrant mechanism is a clear example of the problems that such a crisis brings. In its efforts to maintain the principle of mutual trust, the Court of Justice has faced criticism from various actors. The interpretation originating from Luxembourg has been challenged in particular by the German Federal Constitutional Court, which has applied its identity review in European Arrest Warrant cases. In the first part of the text, the authors present the principles of mutual trust and mutual recognition, their background and their subsequent transfer to the field of judicial cooperation in criminal matters. In the second part, they present the legal regulation of the grounds for refusal to surrender a requested person and a reflection on the human rights guarantees that this regulation contains (or rather does not contain). The case law of the Court of Justice is then analysed in five key judgments and one recent order, focusing on its gradual development. The authors contrast the EU’s view of the human rights aspects of the EAW mechanism with that of national courts. They conclude that the EAW needs to be reformed if it is to continue to function and fulfil its purpose. |
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