Pregledni rad

The European Arrest Warrant for Advanced Users: How to Verify the Lawfullness of a Decision Refusing the Surrender of the Requested Person Based on the Termination of the Investigation in rem (the Ne Bis In Idem Principle)

Igor Materljan ; Europska komisija, Luxembourg
Gordana Materljan ; Europska komisija, Luxembourg

Sažetak

The purpose of this paper is to analyse the latest judgment of the Court of Justice of the European Union (CJEU) regarding the ne bis in idem principle in the context of the execution of the European arrest warrant, i.e. the judgment rendered in AY, a case concerning a request for a preliminary ruling made by the Croatian Criminal Court. The paper consists of two parts. The first part deals with the question of whether a court issuing a European arrest warrant may obtain a review of the legality of the decision of the judicial authority of execution of the European arrest warrant refusing to surrender the requested person. The paper attempts to find an answer to this question by analysing the reasons that led the CJEU to declare itself competent to render a ruling, and the consequences of that ruling. The second part deals with two elements of the ne bis in idem principle, which are particularly emphasised in the AY judgment, namely the question of the identity of the person and the existence of a final decision rendered in criminal proceedings. AY is important not only because it provides further clarification on the interpretation of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, but also because it considers the scope of the principle of mutual trust between Member States. The judgment reflects the apparent aspirations of the CJEU to approximate and harmonise through its case law certain procedural rules of the criminal law of the Member States. This paper analyses the reasons given by the CJEU in AY in the light of its previous case law.

Ključne riječi

reference for a preliminary ruling; European arrest warrant; ne bis in idem principle; non-execution of the European arrest warrant; possibility of reviewing the decisionof the executing judicial authority; grounds for mandatory and optional non-execution of the European arrest warrant; acts adopted in an earlier criminal procedure

Hrčak ID:

232115

URI

https://hrcak.srce.hr/232115

Datum izdavanja:

1.10.2019.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.436 *