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Publishers Abstract:
The European Arrest Warrant Framework Decision (EAW) is a problematic instrument in an ever growing Area of Freedom, Security and Justice. Three constitutional courts in Europe have found its implementation into national law unconstitutional, while the fourth showed that there might be ways to reconcile sometimes rigid constitutional provisions with its requirements. This article will put these three decisions into a wider perspective, benefiting from the discussions which have already emerged. Before looking specifically at the EAW Framework Decision, it seems appropriate to describe briefly how these three courts view the relationship of their respective constitutions to the constitutional order of the EU. This article examined recent decisions of three EU Member States' constitutional courts, which faced constitutional conflicts raised by implementation of the EAW Framework Decision. After a brief discussion of these courts' reasoning and pointing out some of their questionable elements, the decisions were put into the context of contrapunctual law principles designed by M. Maduro to guide national courts when applying EU law.
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