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.
Authors
- Alessandro Rosanò (ORCID: https://orcid.org/0000-0003-1545-2336)
Institutions
- University of Parma (IT)
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