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Publishers Abstract:
On Nov 7, 2005 the Cyprus Supreme Court declared the inapplicability of the European Arrest Warrant in Cyprus. The Court found the domestic legislative measure internalising the EU Framework Decision on the European Arrest Warrant to be inconsistent with the Constitution and avoided taking a clear stance on the supraconstitutional nature of the third pillar provisions. Given the constitutional significance of the issues involved and the broader institutional ramifications likely to result, the Supreme Court sat in full bench. The judgment of the Cyprus Supreme Court produced considerable ramifications of both a legal and a political nature, and acted as the catalyst for a series of hotly-contested discussions amongst the relevant institutional actors that ultimately led to the Fifth Amendment of the Cyprus Constitution. The superiority of EU law over the Cypriot constitutional provisions derives from the combined reading of Article 1(A) and Article 179(1).
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