Concerns Regarding the Rule of Law as a Ground for Non-execution of the European Arrest Warrant: Suggestions for a Reform

Frank Zimmermann

doi:10.5771/2193-5505-2022-1-4

Contents
- Chapter Expand | CollapseAuthorsPage
- 1–2 Titelei/Inhaltsverzeichnis 1–2
- 3–3 Editorial No. 2022/01 3–3
- 4–126 Articles 4–126
  - 4–24 Concerns Regarding the Rule of Law as a Ground for Non-execution of the European Arrest Warrant: Suggestions for a Reform Frank Zimmermann Frank Zimmermann 4–24
  - 25–52 Detention Conditions in the Issuing Member State as a Ground for Non-Execution of the European Arrest Warrant: State of Play and Challenges Ahead Anne Weyembergh, Lucas Pinelli Anne Weyembergh, Lucas Pinelli 25–52
  - 53–65 The Decision on the Surrender/Extradition of Own Nationals, EU-Citizens and Persons Residing in the Executing State Stefano Maffei Stefano Maffei 53–65
  - 66–81 The Council conclusions ‘The European arrest warrant and extradition procedures – current challenges and the way forward’ Ralf Riegel, Marc Sonntag Ralf Riegel, Marc Sonntag 66–81
  - 82–100 The European Arrest Warrant, from Mutual Recognition to Mutual Supervision? André Klip André Klip 82–100
  - 101–110 Legal Representative in the Proceedings of Gathering E-evidence under European Production Order – de lege lata Remarks and de lege ferenda Postulates Justyna Sarkowicz Justyna Sarkowicz 101–110
  - 111–126 Victims in the Criminal Justice System: Victim Wishes – Justice Needs Gurgen Petrossian Gurgen Petrossian 111–126
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EuCLR European Criminal Law Review , page 4 - 24

Concerns Regarding the Rule of Law as a Ground for Non-execution of the European Arrest Warrant: Suggestions for a Reform

Autoren

Frank Zimmermann

DOI
- doi.org/10.5771/2193-5505-2022-1-4
- ISSN: 2191-7442
- ISSN online: 2193-5505
Abstract

The judicial reforms in Poland, which are harshly and continuously criticised as undermining the independence of Polish courts, have brought the principle of mutual recognition and the European arrest warrant (EAW) to its limits. These unprecedented challenges to the rule of law have made it necessary to create an extraordinary ground for non-execution of EAWs issued by Polish authorities. However, the pertinent jurisprudence of the Court of Justice in Luxemburg (case C-216/18 PPU and follow-up decisions) is not fully convincing, particularly in the light of two recent judgments by the Polish Constitutional Tribunal. For that reason, a more far-reaching legislative reform of the EAW is urgently needed.
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