http://dx.doi.org/10.17176/20200418-182547-0 https://staging.verfassungsblog.de/luxembourgs-unworkable-test-to-protect-the-rule-of-law-in-the-eu/ Luxembourg’s Unworkable Test to Protect the Rule of Law in the EU Bárd, Petra Morijn, John eng 2020-04-18 electronic resource text/html ddc:342 European Arrest Warrant judicial dialogue judicial independence Poland Rule of Law Verfassungsblog Verfassungsblog--2366-7044 CC BY-NC-ND 4.0 A key rule of law case illustrating the conversation taking place between national judges and the Court of Justice about the how-to of rule of law protection is the CJEU’s LM ruling dealing with the implementation of the European Arrest Warrant. In it the CJEU developed a test to balance mutual trust and individual rights, particularly the right to a fair trial. The Rechtbank Amsterdam and the Karlsruhe Oberlandesgericht applied Luxembourg’s LM test with respect to Polish suspects in a series of recent (interlocutory) rulings. This national case-law is interesting both for its immediate outcome (suspension of surrenders) and its implicit message to Luxembourg: “Sorry, we tried, but your test is unworkable.”