The limits of the European Arrest Warrant in the context of armed conflicts: The Nord Stream case

The article examines the decision of the Warsaw District Court of 17 October 2025 refusing the execution of the European Arrest Warrant issued by the German Federal Court of Justice against a Ukrainian national in connection with the sabotage of the Nord Stream 1 and Nord Stream 2 gas pipelines. After reconstructing the factual and procedural background of the case, the article analyses the reasoning followed by the Polish court and assesses its implications for the functioning of the European Arrest Warrant system. Particular attention is paid to the exchange of information between issuing and executing judicial authorities, the protection of fundamental rights in surrender proceedings, the controversial reliance on just war considerations as a possible ground for refusal, the question of functional immunity and the issue of jurisdictional competence in cases involving attacks on strategic infrastructure located beyond the territory of the issuing State.

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Publication Details

Journal
New Journal of European Criminal Law
Published
2026-11-01
DOI
https://doi.org/10.1177/20322844261497630
Primary Topic
European Criminal Justice and Data Protection
Type
article
Field-Weighted Citation Impact
0.00
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article

The limits of the European Arrest Warrant in the context of armed conflicts: The Nord Stream case

Alessandro Rosanò
New Journal of European Criminal Law
European Criminal Justice and Data Protection
article

The limits of the European Arrest Warrant in the context of armed conflicts: The Nord Stream case

Alessandro Rosanò
article en

Abstract

The article examines the decision of the Warsaw District Court of 17 October 2025 refusing the execution of the European Arrest Warrant issued by the German Federal Court of Justice against a Ukrainian national in connection with the sabotage of the Nord Stream 1 and Nord Stream 2 gas pipelines. After reconstructing the factual and procedural background of the case, the article analyses the reasoning followed by the Polish court and assesses its implications for the functioning of the European Arrest Warrant system. Particular attention is paid to the exchange of information between issuing and executing judicial authorities, the protection of fundamental rights in surrender proceedings, the controversial reliance on just war considerations as a possible ground for refusal, the question of functional immunity and the issue of jurisdictional competence in cases involving attacks on strategic infrastructure located beyond the territory of the issuing State.

New Journal of European Criminal Law
University of Parma (IT)
Openalex Percentile: Top 3%
European Criminal Justice and Data Protection
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