European arrest warrant, double criminality and mutual recognitiona much debated case
ISSN: 2193-5505, 2191-7442
Año de publicación: 2018
Volumen: 8
Número: 2
Páginas: 152-159
Tipo: Artículo
Otras publicaciones en: EuCLR European Criminal Law Review
Resumen
On March 2018 the Spanish Supreme Court issued a European Arrest Warrant for the surrender of Puigdemont to be tried in Spain for grave offences against the constitutional order. In a preliminary decision the competent judicial authority in Germany found that the absence of double criminality should lead to the refusal of the EAW. This decision was confirmed by definitive decision of 12 July 2018. This paper questions the reasons for keeping a strict double criminality test in the European Area of Freedom Security and Justice (AFSJ), where the principle of mutual recognition should be “the cornerstone” of the judicial cooperation. It will be argued that a too strict application of the double criminality requirement in the realm of the EAW is contrary to the objectives set out in Article 67 and 82 of the TFUE, while it is not necessarily justified on grounds of protection of human rights.