Exception to the rule of law in the period of the crisis. Again about the future of the European Arrest Warrant and protection of the fundamental human rights between national and European Union law

Abstract: The argument of European Arrest Warrant (EAW) is a much discussed topic in recent years in the evolution and integration of the European criminal law. In our days with the help of the Court of Justice of the European Union has addressed this sector in collaboration with the rule of law. The orientations, the guidelines through the Puig Gordi and others cases lay the foundations for discussions on the matter by evaluating the fundamental rights from scratch towards interpretations that follow the two-step test at the moment of a violation of the fundamental right based on the judge pre-established by law concerning also other possible violations. The wording of the preliminary ruling has provoked a complete response from the Court where through the courts of Spanish domestic law, of Belgium and of the European Court of Human Rights have given a new, restrictive, precise impulse for the non-execution of an EAW, where the uncertainty of an internal crisis of a constitutional nature has put on the table in the law of the European Union the application of new standards of interpretations, which put the continuous discussion of the last years of the rule of law and the EAW to follow the bases for a continuous evolution and protection of human rights as well as greater integration of the European criminal law.