Freedom, security and justice area and the European Arrest Warrant



Research Areas

Publication Details

Subtitle: when (no) mutual trust on the conditions of detention justifies their non-implementation
Author list: Alves, D. R., Pacheco, F.
Place: Porto
Publication year: 2017
Languages: English-Great Britain (EN-GB)


Once the executing judicial authority of an European Arrest Warrant
(EAW) can not rely on one of the grounds for non-execution exhaustively
listed, it is obliged to surrender the requested person to the judicial
authorities of issue even where the provisions of its national law, even
if constitutional, confer a higher level of protection of fundamental
rights than that arising from the provisions of the Framework Decision.
The problem is allowing a Member State to invoke the highest standard of
protection of fundamental rights to subordinate the delivery of a
convicted person in default could jeopardize the principles of mutual
recognition and mutual trust on which the EAW is based and,
consequently, its effectiveness. As the importance of the protection of
fundamental rights, it is necessary to be aware that the last case-law
makes it possible to introduce a systematic exception to the execution
of European arrest warrants issued by States which do not comply with
the minimum requirements laid down by international law, which would
lead to a standstill of the mechanism, and could jeopardize one of the
objectives of the area of freedom, security and justice.


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Last updated on 2019-13-08 at 00:16