The framework decision on the European arrest Warrant reinterpreted by the Court of Justice of the European Union

Authors

  • Susana Ruiz Tarrías Universidad de Granada

DOI:

https://doi.org/10.18042/cepc/aijc.23.14

Keywords:

Framework Decision, mutual recognition, European Arrest Warrant, European Court of Justice, test Aranyosi.

Abstract

Mutual recognition has been traditionally considered the cornerstone of the European Arrest Warrant that is covered by the Framework Decision 2002/584/JHA. Nevertheless, the continued existence of such legal act under the Lisbon Treaty highlights the gaps of the harmonization into the criminal law of the Member States, as well as the extension of the problems affecting Framework Decisions and, in particular, Framework Decision on EAW over time. Recently, the caselaw of the European Court of Justice has articulated the so called Aranyosi test. Applicable under exceptional circumstances the Aranyosi test can empower the abstention by the judicial authority of execution in completion of an EAW.

Published

2019-12-20

Issue

Section

CASE LAW