18 Aug 2023

The European Arrest Warrant

Trust, Fundamental Rights, and the Rule of Law

Anjum Shabbir

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Unveiling the complexities of the European Arrest Warrant system, this report scrutinises the delicate interplay between mutual trust, fundamental rights, and the rule of law. Crafted through research by the STREAM Academic Network, this study draws insights from 14 Member States, revealing divergent interpretations and applications of the system. As the tension between prioritising mutual trust and upholding EU values comes to the forefront, the report dissects the far-reaching implications, particularly amidst challenges to EU values in certain Member States. Navigate the labyrinthine legal landscape, where fundamental rights assessments teeter as a pivotal balance, and the Court of Justice’s influence reveals its limitations. Unravel the dissonances in the definition of ‘issuing judicial authority,’ safeguarded fundamental rights, judicial protection effectiveness, and the contours of proportionality assessments. This report is an indispensable compass for anyone seeking a profound understanding of the multifaceted panorama shaping the European Criminal Justice Area.

This report has been prepared in the context of the STREAM project.

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