Spain and the EAW : present and future

On 20 January 2009, The European Court of Human Rights handed down judgment in the case of Slawomir Musial v. Poland in which it found that the conditions in a Polish prison contravened article 3 of the European Convention on Human Rights. The Court went on to state  ‘Moreover, the Court finds that the fact that for the most part the applicant has received the same attention as the other inmates, notwithstanding his particular state of health, shows the failure of the authorities commitment to improving the conditions of detention in compliance with the recommendations of the Council of Europe.  Poland is a country which issues among the most substantial number of EAWs to other Member States for the surrender and return of individuals. The decision of the European Court of Human Rights that Polish prison conditions can, and do in some circumstances, contravene the duty of Poland to ensure there is no inhuman or degrading treatment within its jurisdiction creates new problems for the EAW. The Court has already held that the surrender or return of an individual to a country where he or she fears inhuman and degrading treatment is contrary to article 3 ECHR. This book is designed to provide an up-to-date view on the EAW and its application over the past seven years. The new challenge which faces the EU as regards Member States’ compliance with EAWs in light of their human rights obligations is only just starting to emerge. However, it is certainly a problem capable of overshadowing many of the other issues that arise in the chapters of this book.

Journal/Publisher: Wolf Legal Publishers

Publication type: Book chapter

Number of pages/Page range: 261-296

Language/s (content): English

Date of publication: 02-01-09

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Full name Mar JIMENO-BULNES

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University/Institution Universidad de Burgos

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