PP937
Analítico de Periódico
ZIMMERMANN, Frank
Concerns regarding the rule of law as a ground for non-execution of the European Arrest Warrant : suggestions for a reform / Frank Zimmermann
European Criminal Law Review, v.12 n.1 (2022), p.4-24
DIREITO COMUNITÁRIO, MANDADO DE DETENÇÃO EUROPEU, PRINCÍPIO DO RECONHECIMENTO MÚTUO, ESTADO DE DIREITO / Polónia
The judicial reforms in Poland, which are harshly and continuously criticised as undermining the independence of Polish courts, have brought the principle of mutual recognition and the European arrest warrant (EAW) to its limits. These unprecedented challenges to the rule of law have made it necessary to create an extraordinary ground for non-execution of EAWs issued by Polish authorities. However, the pertinent jurisprudence of the Court of Justice in Luxemburg (case C-216/18 PPU and follow-up decisions) is not fully convincing, particularly in the light of two recent judgments by the Polish Constitutional Tribunal. For that reason, a more far-reaching legislative reform of the EAW is urgently needed.