A new hope? The Court of Justice restores the balance between fundamental rights protection and enforcement demands in the European Arrest Warrant System

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract

The European Arrest Warrant Framework Decision (EAW FD) is the first and most prominent instrument of mutual recognition in criminal matters adopted by the European Union (EU). As is known, such a principle was firstly elaborated and applied in different contexts (the internal market and civil justice). In criminal justice, mutual recognition applies to judicial cooperation, and implies that a judicial order issued by one Member State to another Member State is recognised by the latter without further burdens or formalities, unless grounds for refusal apply. This principle is based in turn on the principle of mutual trust, according to which Member States are presumed to respect fundamental rights
Original languageEnglish
Title of host publicationThe Needed Balances in EU Criminal Law
Subtitle of host publicationPast, Present and Future
EditorsChloe Briere, Anne Weyembergh
PublisherHart Publishing
Chapter17
Pages285–312
ISBN (Electronic)9781509917020, 9781509917013
ISBN (Print)9781509917006
DOIs
Publication statusPublished - 28 Dec 2017

Publication series

NameHart Studies in European Criminal Law
Volume5

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