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Publishers Abstract:
On Apr 27, 2005, the Polish Constitutional Tribunal declared the provisions of the 1997 Criminal Procedure Code implementing the Council Framework Decision of Jun 13, 2002, on the European arrest warrant (EAW) and the surrender procedures between Member States unconstitutional. This article presents the main points of the Tribunal's judgment in order to investigate what approach to EU law is revealed in its line of reasoning, and to address the possible consequences and reactions to the ruling. The Polish Constitutional Tribunal's judgment is subsequently interpreted in the light of the ECJ judgment in Pupino, which came two months later. In its final part the article refers to the judgment of the German Constitutional Tribunal on the German provisions implementing the EAW to investigate parallels and differences between the cases on the question of the EAW implementation of these two Member States' constitutional courts.
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