European Arrest Warrant and the Principle of Mutual Recognition

 The European Arrest Warrant (EAW) is one of the most important mechanisms of the European judicial cooperation in criminal matters today. However, recent court decisions in different member states have questioned its constitutionality,   which in turn has led to the question of its feasibility and the principle on which it is based: the Principle of Mutual Recognition (PMR). The most significant of these decisions, especially from a Spanish perspective, is without doubt the ruling of the German Constitutional Court (Bundesverfassungsgericht (BVerfG)) on 18th July 2005.  However, the actual relevance of this ruling for «Euro-enthusiasts» and for «Euro-sceptics» is not yet clear.  In the face of such a development it does not seem inadequate to pose the question of whether the European approach regarding the EAW and the underlying PMR is the correct one.

Journal/Publisher: Eucrim, Issue 1–2

Publication type: Article

Number of pages/Page range: 23-25

Language/s (content): English

Date of publication: 02-01-06

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Full name Carlos GOMEZ-JARA DIEZ

Current occupation Member

University/Institution Universidad Autónoma de Madrid

Address Ciudad Universitaria de Cantoblanco

Postal code 28049 Madrid

Telephone 0034 91 497 80 62

Fax 0034 91 497 25 27

Email carlos.gomezjara@uam.es