ECJ – Judgement of 30.05.2007, Advocaten voor de Wereld vzw adn Leden van de Ministerraad – C-303/05 – Police and Judicial Cooperation in Criminal Matters-European Arrest Warrant.

Authors

  • MIGUEL A. ACOSTA SÁNCHEZ

Keywords:

Police and Judicial cooperation in criminal matters, Framework Decision, European arrest warrant, Fundamental Rights.

Abstract

The TJCE considers that the Framework Decision is the appropiate instrument to establish the european arrest warrant. The purpose of the Framework Decision is the approximation of the laws and regulations of the Member States with regard to the rules relating to the conditions, procedures and effects of surrender as between national authorities. The Framework Decision respects the principle of equality when there is no verification of double criminality about some common offences in Member States. Finally, beacause of the Framework Decision does not seek to harmonise the criminal offences in respect of their constituent elements, the principle of the legality of criminal offences and penalties is not infringed. This principle must be respected by all Member States as enshrined in article 6 EU Treaty and in Charter of Fundamental Rights of the European Union.

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Published

2008-05-09

How to Cite

MIGUEL A. ACOSTA SÁNCHEZ. (2008). ECJ – Judgement of 30.05.2007, Advocaten voor de Wereld vzw adn Leden van de Ministerraad – C-303/05 – Police and Judicial Cooperation in Criminal Matters-European Arrest Warrant. Revista De Derecho Comunitario Europeo, (28). Retrieved from https://recyt.fecyt.es/index.php/RDCE/article/view/47139

Issue

Section

CASE LAW COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES

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