TY  - CHAP
U1  - Buchbeitrag
A1  - Callewaert, Johan
ED  - Bungenberg, Marc
ED  - Giegerich, Thomas
T1  - The European arrest warrant under the European Convention on Human Rights: A matter of Cooperation, Trust, Complementarity, Autonomy and Responsibility
T2  - "Europa lässt sich nicht mit einem Schlag herstellen" - 70 Jahre Europa-Institut der Universität des Saarlandes
N2  - The landmark judgment in the case of Bivolaru and Moldovan v. France, which concerned the execution of a European arrest warrant, provides a good illustration of the effects of the Con-vention liability of EU Member States for their implementation of EU law. These effects touch on such notions as cooperation, trust, complementarity, autonomy and responsibility. The two European courts have been cooperating towards some convergence of the standards applicable to the handling of EAWs. The Bosphorus presumption and its application in Bivo-laru and Moldovan show the amount of trust placed by the Strasbourg Court in the EU pro-tection of fundamental rights in this area. To the extent that their standards of protection coincide, the Luxembourg and Strasbourg jurisdictions are complementary. However, the two protection systems remain autonomous, notably as regards the methodology applied to fundamental rights. Ultimately, the EU Member States engage their Convention responsibility for the execution by their domestic courts of any EAWs.
KW  - European arrest warrant
KW  - European Convention on Human Rights
Y1  - 2021
U6  - https://nbn-resolving.org/urn:nbn:de:0246-opus4-56140
UN  - https://nbn-resolving.org/urn:nbn:de:0246-opus4-56140
SN  - 978-3-8487-8454-7
SB  - 978-3-8487-8454-7
SP  - 105
EP  - 114
S1  - 10
PB  - Nomos
CY  - Baden-Baden
ER  -