Precarious detention conditions. Impediment to the execution of the European arrest warrant
Keywords:
police and judicial cooperation in criminal matters, principles of mutual trust and recognition, Framework Decision 2002/584/JHA, European arrest warrant, grounds for refusal to execute, prohibition of inhuman or degrading treatment, detention conditions in the issuing member state, case of Aranyosi and Căldăraru, case ML, case Dumitru-Tudor Dorobanţu
Abstract
In the present study, we propose an analysis on how the precarious detention conditions in the penitentiaries of the European Union member states play a decisive role in the execution of the European arrest warrant, a fundamental tool in police and judicial cooperation in EU criminal matter. Taking into account the effects that these new impediments have on the principle of mutual trust and recognition, this study also proposes an examination on the nature of this particular reason for the refusal of the execution of an EAW and on the future prospects for judicial cooperation between member states.
Published
2023-06-01
Section
Doctrine
