Criteria to assess whether there is any risk of the requested person´s fundamental right to a fair trial in the execution of a European arrest warrant
02/03/2022
In this Legal Briefing we analyse the latest Court of Justice of the European Union’s judgement on the opposition motives in the execution of a European arrest warrant.
A Dutch court requested a preliminary ruling from the Court of Justice of the European Union (the “CJEU”) in relation to the execution, in the Netherlands, of two European arrest warrants (“EAW”) issued by two Polish courts in circumstances where the executing judicial authority considered that there was a real risk that the requested persons, if surrendered, would suffer a breach of their right to a fair trial in a tribunal previously established by law.
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