Abstract
In the cases dealing with the constitutionality of national laws that
implement the Framework Decision on European Arrest Warrant many
dilemmas arose. Among these is the problem of defining the constitutional courts’ role under the EU constitutional pluralism. The article
mainly discusses case law of the German, Czech and Polish constitutional
courts in an attempt to check their attitudes towards the judicial dialogue
within the EU, as well as to test their readiness to interpret domestic legislation in conformity with EU law. The existence of three diverse approaches of constitutional courts to the implementation of the European
Arrest Warrant, served as a field for a broader analysis of the role and
position of constitutional courts in European integrations. At the same
time, the question to what extent the judicial review of constitutionality
within national constitutional framework could and should be changed is
analyzed.
implement the Framework Decision on European Arrest Warrant many
dilemmas arose. Among these is the problem of defining the constitutional courts’ role under the EU constitutional pluralism. The article
mainly discusses case law of the German, Czech and Polish constitutional
courts in an attempt to check their attitudes towards the judicial dialogue
within the EU, as well as to test their readiness to interpret domestic legislation in conformity with EU law. The existence of three diverse approaches of constitutional courts to the implementation of the European
Arrest Warrant, served as a field for a broader analysis of the role and
position of constitutional courts in European integrations. At the same
time, the question to what extent the judicial review of constitutionality
within national constitutional framework could and should be changed is
analyzed.
| Translated title of the contribution | European Arrest Warrant in Constitutional Courts’ Case Law: Pursuing Cooperative Constitutionalism |
|---|---|
| Original language | Bosnian |
| Pages (from-to) | 785-806 |
| Number of pages | 22 |
| Journal | Zbornik radova Pravnog Fakulteta u Novom Sadu |
| Volume | 42 |
| Issue number | 2 |
| Publication status | Published - 2008 |