The Quest for Proportionality for the European Arrest Warrant
6 (1) New Journal of European Criminal Law 32-52 (2015)
37 Pages Posted: 20 Aug 2015
Date Written: February 02, 2015
Abstract
The paper examines the impact of the principle of proportionality for the European Arrest Warrant (EAW). The only function of proportionality discussed here is the one concerning the mutual recognition context. The argument is enunciated against the backdrop of over-emphasis on speedy judicial cooperation in criminal matters. The paper is structured in two levels; the central level of the Court of Justice of the EU (CJEU) case law analysis and the decentralised level of judicial authorities using the EAW. The analysis firstly explores the recent case law of the CJEU affirming the need to secure the operation of the mutual recognition and secondly the debate on overusing the instrument. It provides an analysis of the quest for a proportionality based analysis in the context of mutual recognition where fundamental rights protection are competing with fast judicial cooperation.
Keywords: Proportionality, European arrest warrant, fundamental rights, mutual recognition, Radu, Melloni
Suggested Citation: Suggested Citation