Judicial cooperation, detention conditions and equivalent protection. Another chapter in the EU-ECHR relationship: Bivolaru and Moldovan v. France

The relationships between the European Union (EU) and the European Convention on Human Rights’ (ECHR) systems of fundamental rights protection have evolved significantly over the years. As the number of EU competences has increased, so has the potential impact of EU law on fundamental rights. This is especially the case for judicial cooperation in criminal matters, and the European Arrest Warrant (EAW). While the European Court of Human Rights (ECtHR) has ensured coordination between the States’ obligations under EU and ECHR laws through the Bosphorus doctrine, unanswered questions are still on the table. In light of the recent ECtHR’s judgment in Bivolaru and Moldovan, the present contribution addresses important issues concerning the EU-ECHR interaction with regard to the EAW, and the implications thereof for the cooperating States.