The European Arrest Warrant and Applicable Standards of Fundamental Rights in the EU

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

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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.