Bárd, Petra Author aut van Ballegooij, Wouter Author aut Text xx# 2018 Verfassungsblog 2018-04-10 eng

electronic resource

remote

Computermedien

Online-Ressource

The Celmer case calls for us to reflect on the question what role judicial authorities can and should play in ensuring compliance with democracy, the rule of law and fundamental rights (DRF) in other EU Member States. In our view, judicial authorities ultimately have an independent responsibility to put a halt to surrenders, in case the wanted person’s fair trial rights are put in peril due to a general lack of judicial independence in the issuing state. At the same time, the political responsibility for balancing diverse EU constitutional principles needs to be borne by democratically elected institutions. Therefore, the court of the executing state should not only halt or suspend judicial cooperation in the event that persuasive pieces of evidence point to a violation of the values shared by the EU and the Member States in the issuing state, but it should also freeze the case awaiting a resolution of the matter from political actors. CC BY-NC-ND 4.0 Bárd, Petra funded by the government Aranyosi Celmer European Arrest Warrant 342 https://staging.verfassungsblog.de/judicial-independence-as-a-precondition-for-mutual-trust/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20180410-104826 180410 10.17176/20180410-104826 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)