Author: Vervaele John
Publisher: Paris Legal Publishers
E-ISSN: 1874-7973|6|2|37-54
ISSN: 1874-7981
Source: Review of European Administrative Law, Vol.6, Iss.2, 2013-12, pp. : 37-54
Disclaimer: Any content in publications that violate the sovereignty, the constitution or regulations of the PRC is not accepted or approved by CNPIEC.
Abstract
This article discusses the ECJ judgment in Case C-399/11 Stefano Melloni v. Ministerio Fiscal, which deals with the European arrest warrant (EAW) from the point of view of applicable standards of fundamental rights, as enshrined in the EU Charter of Fundamental Rights (CFR) and in the ECHR. Especially at stake are the fair trial rights and rights of defence, as laid down in article 47 CFR and in article 6 ECHR. The referring court, the Spanish Constitutional court also wishes to know if it may apply higher national constitutional standards than the ones prescribed in the EAW regime and go beyond the 'minimum standards' of the ECHR-CFR.
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