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.
Authors
- Marcin Biskupski (ORCID: https://orcid.org/0000-0003-3139-2716)
Institutions
- University of Luxembourg (LU)
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