|
Publishers Abstract:
The decision of Bundesverfassungsgericht (German Constitutional Court), Jul 18, 2005, on the German European Arrest Warrant Law is presented. The decision of the German Constitutional Court declared the German law implementing the EU Framework Decision on the European Arrest Warrant unconstitutional. This article offers a brief account of the decision and argues that it runs counter to the spirit of the recent judgment of the ECJ in the 'Criminal Proceedings against Maria Pupino' case. This rather critical conclusion is reached after examining, firstly, whether the Federal Constitutional Court was under the obligation to interpret national law as far as possible in the light of the framework decision and, secondly, whether the fulfilment of such an obligation could be ruled out from the start. To conclude, the article considers the scope of the relevant duty and how it could have been discharged in the case at issue.
|
