The Repository is where the STREAM Project stores different resources that have been created for it concerning the Court of Justice of the European Union’s relevant case-law on the European Arrest Warrant.
It includes three types of resources:
- Detailed analytical Case Notes of the most recent and important judgments
- Distilled Case Summaries that cover key issues related to the relationship between the principle of mutual recognition, protection of fundamental rights, and the rule of law,
- A list of all relevant CJEU Case Law.
CJEU CASE NOTES
CJEU CASE SUMMARIES
LIST OF CJEU CASE LAW
CJEU Case Notes
These Case Notes provide an in-depth analysis of recent judgments on the European Arrest Warrant that were delivered by the Court of Justice of the European Union whilst the STREAM Project was ongoing (2020-2023).
CJEU Case Summaries:
These Case Summaries form a Digest that serves as a research-based aid for users of the European Arrest Warrant system.
A selection of 30 key selected judgments of the Court of Justice of the European Union was made based on a categorisation according to the themes of the STREAM Project on the principle of mutual recognition, fundamental rights, and the rule of law, and cover the interpretation of EU primary law and the definition of legal concepts such as ‘arrest warrant’, ‘issuing judicial authority’, and ‘executing judicial authority’.
- Validity of the European Arrest Warrant Framework Decision
- Direct Effect
- Primacy of EU law
The issuing stage:
- Who can request the surrender of a person to be prosecuted or sentenced by issuing a European Arrest Warrant
- What constitutes a valid European Arrest Warrant?
Non-execution of the EAW:
- What are the reasons for which an executing judicial authority can refuse to surrender a person to another Member State for prosecution or sentencing purposes
- How is the principle of mutual recognition to be applied at the same time as protecting fundamental rights in line with EU and international law
List of CJEU Case Law:
Full reference list of the most important and latest CJEU cases on the EAW.
This list is based on information provided in the official website of the Luxembourg
The initial search criteria used to devise this selection of case summaries revealed 74 judgments where the European Arrest Warrant Framework Decision appears either in the ‘grounds of judgment’ or the ‘operative part’. This was narrowed down to 57 judgments that include terms referring to the relevant Article 2 TEU values: ‘rule of law’ or ‘fundamental rights’ or ‘human rights’, and were selected by the STREAM National Experts.