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

See all articles by Ermioni Xanthopoulou

Ermioni Xanthopoulou

Brunel University London - Brunel Law School

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

Xanthopoulou, Ermioni, The Quest for Proportionality for the European Arrest Warrant (February 02, 2015). 6 (1) New Journal of European Criminal Law 32-52 (2015), Available at SSRN: https://ssrn.com/abstract=2645971

Ermioni Xanthopoulou (Contact Author)

Brunel University London - Brunel Law School ( email )

Kingston Lane
Elliott Jaques Building
Uxbridge, Middlesex UB8 3PH
United kingdom

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