A Check Move for the Principle of Mutual Trust from Dublin: The Celmer Case

European Papers

Michal Dorociak¹ 

[1] University of Warsaw;

关键词: european arrest warrant;    rule of law;    right to fair trial;    mutual trust;    court of justice;    afsj;   

DOI  :  10.15166/2499-8249/234

来源: DOAJ

【 摘 要 】

(Series Information) European Papers - A Journal on Law and Integration, 2018 3(2), 857-873 | European Forum Insight of 25 July 2018 | (Table of Contents) I. Introduction. - II. Political dimension of the principle of mutual trust. - III. Context of the referral. - IV. The CJEU's and national courts' lack of competence to assess Member States' compliance with the rule of law. - V. The CJEU's and national courts' competence to review Member States' compliance with fundamental rights. | (Abstract) This Insight comments on the recent referral for a preliminary ruling by the Irish High Court Minister of Justice and Equality v. Celmer (judgment of 12 March 2018, no. 2017 EXT 291) in the case concerning a Polish citizen sought by the Republic of Poland pursuant to the European Arrest Warrant. The key problem relates to the question whether a violation of the principle of rule of law, as established by a Member State's court, may constitute a sufficient justification for the non-execution of the Arrest Warrant. As the judgment of the CJEU is pending, the authors present their opinion on the issue at stake. Analysing it from the perspective of the principle of mutual trust, which constitutes the foundation of the EU's Area of Freedom, Security and Justice, they argue that the conditions for the suspension of the Arrest Warrant should be interpreted in a restrictive manner and any attempt of assessing a Member State's compliance with the rule of law by the Court of Justice or other Member States' courts should be considered an ultra vires act.

【 授权许可】

Unknown