Is One Step Enough? Serious Illness as a Ground for Non-execution of a European Arrest Warrant

The subject of the commentary is the judgment of the Court of Justice regarding the possibility of non-execution of a European Arrest Warrant regarding a person suffering serious, chronic, and potentially irreversible illness. Since the Framework Decision on the European arrest warrant does not provide the ground for the non-execution of the warrant based on the threat to the health of the person concerned, the referring court was in doubt, whether such a premise can justify the non-execution of the warrant. The main legal problem dealt with in the commentary was the consideration of whether in such a case the executing judicial authority may refuse to execute such a warrant, and, if so, on what legal basis.

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Publication Details

Journal
Gdańskie Studia Prawnicze
Published
2024-09-15
DOI
https://doi.org/10.26881/gsp.2024.3.13
Primary Topic
European Criminal Justice and Data Protection
Type
article
Field-Weighted Citation Impact
0.00
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article

Is One Step Enough? Serious Illness as a Ground for Non-execution of a European Arrest Warrant

Marcin Biskupski
Gdańskie Studia Prawnicze
European Criminal Justice and Data Protection
article

Is One Step Enough? Serious Illness as a Ground for Non-execution of a European Arrest Warrant

Marcin Biskupski
article en

Abstract

The subject of the commentary is the judgment of the Court of Justice regarding the possibility of non-execution of a European Arrest Warrant regarding a person suffering serious, chronic, and potentially irreversible illness. Since the Framework Decision on the European arrest warrant does not provide the ground for the non-execution of the warrant based on the threat to the health of the person concerned, the referring court was in doubt, whether such a premise can justify the non-execution of the warrant. The main legal problem dealt with in the commentary was the consideration of whether in such a case the executing judicial authority may refuse to execute such a warrant, and, if so, on what legal basis.

Gdańskie Studia Prawnicze(3(64)/2024)
University of Luxembourg (LU)
Openalex Percentile: Top 75%
European Criminal Justice and Data Protection
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