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Domestic Policy European integration Special issues

“This Framework Decision shall not have the effect of modifying the obligation to respect fundamental rights”: limits to the execution of a EAW due to detention conditions in Hungary

by Enrico Pelosato* The issue of the relationship between the enforcement of the European Arrest Warrant (EAW) mechanism[1] and the protection of fundamental rights got its momentum with the entry into force of the Treaty of Lisbon, which led to the granting of the Treaty-like status to the Charter of Fundamental Rights (Charter)[2].  Nevertheless, the […]

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Domestic Policy Special issues

The Enforcement of the European Arrest Warrant Mechanism in the presence of Systematic Deficiencies in a Member State’s Judicial System: the Polish case

by Enrico Pelosato*  The basis of cooperation among EU Member States in criminal matters is the notion of “mutual trust”, which represents the precondition for the creation of a common European Area of Criminal Justice. The notion of mutual trust identifies a model of cooperative actions based on common norms, as highlighted by Article 4(3) […]