Joined cases aranyosi and caldararu: Converging human rights standards, mutual trust and a new ground for postponing a European arrest warrant

Szilárd Gáspár-Szilágyi*

*Corresponding author for this work

Research output: Contribution to journalReview articlepeer-review

13 Citations (Scopus)

Abstract

This case-note provides a critical overview of Joined Cases C-404/15 and C-659/15 ppu, Aranyosi and Caldararu. The cjeu tries to reconcile the principles of mutual trust and recognition with the protection of the fundamental rights of the requested person. Instead of introducing a new ground of refusal for a European Arrest Warrant based on the breach of fundamental rights, the cjeu opted for a ground of postponement. Furthermore, it brings its two-tier 'systemic deficiencies' test closer to the standards used by the ECtHR and encourages dialogue between the issuing and executing judicial authorities. Nevertheless, the scope of application of the new ground of postponement is not entirely clear and it is not yet sure what happens after the executing judicial authority postpones its decision due to evidence of a real risk that the requested person will be subjected to inhuman and degrading treatment in the issuing Member State.

Original languageEnglish
Pages (from-to)197-219
Number of pages23
JournalEuropean Journal of Crime, Criminal Law and Criminal Justice
Volume24
Issue number2-3
DOIs
Publication statusPublished - 2016

Bibliographical note

Publisher Copyright:
© Koninklijke Brill NV, Leiden, 2016.

Keywords

  • European arrest warrant
  • Fundamental rights
  • Mutual trust and recognition

ASJC Scopus subject areas

  • Sociology and Political Science
  • Political Science and International Relations
  • Law

Fingerprint

Dive into the research topics of 'Joined cases aranyosi and caldararu: Converging human rights standards, mutual trust and a new ground for postponing a European arrest warrant'. Together they form a unique fingerprint.

Cite this