The European arrest warrant under the European Convention on Human Rights: A matter of Cooperation, Trust, Complementarity, Autonomy and Responsibilty
(2021) Z Eu S - Zeitschrift fuer Europarechtliche Studien — Vol. special issue, p. 105 (2021)
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- Abstract
- The landmark judgment in the case of Bivolaru and Moldovan v. France, which concerned the execution of a European arrest warrant, provides a good illustration of the effects of the Convention liability of EU Member States for their implementation of EU law. These effects touch on such notions as cooperation, trust, complementarity, autonomy and responsibility. The two European courts have been cooperating towards some convergence of the standards applicable to the handling of EAWs. The Bosphorus presumption and its application in Bivolaru and Moldovan show the amount of trust placed by the Strasbourg Court in the EU protection of fundamental rights in this area. To the extent that their standards of protection coincide, the Luxembourg and Strasbourg jurisdictions are complementary. However,the two protection systems remain autonomous, notably as regards the methodology applied to fundamental rights. Ultimately, the EU Member States engage their Convention responsibility for the execution by their domestic courts of any EAWs
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Citations
Callewaert, J. (2021). The European arrest warrant under the European Convention on Human Rights: A matter of Cooperation, Trust, Complementarity, Autonomy and Responsibilty. Z Eu S - Zeitschrift fuer Europarechtliche Studien, special issue, 105. https://hdl.handle.net/2078.5/22729 (Original work published 2021)