Domestic Courts Pushing for a Workable Test to Protect the Rule of Law in the EU - Decoding the Amsterdam and Karlsruhe Courts’ post-LM Rulings (Part II)

Domestic Courts Pushing for a Workable Test to Protect the Rule of Law in the EU - Decoding the Amsterdam and Karlsruhe Courts’ post-LM Rulings (Part II) Bárd, Petra Author aut Morijn, John Author aut Text xx# 2020 Verfassungsblog 2020-04-19 eng On 17 February 2020, the Oberlandesgericht Karlsruhe passed a decision in a surrender case that we expect to shape the future of the LM-test. Its decision can be seen not only as a result of Luxembourg’s unworkable LM test but also as an acknowledgement of the effect of Poland’s muzzle law on the independence of its judiciary. Shortly after, Rechtbank Amsterdam engaged with this decision, thus making it more likely that the CJEU will have to move forward and develop its test into a more meaningful one. CC BY-NC-ND 4.0 Bárd, Petra European Arrest Warrant judicial dialogue Poland Rule of Law 342 https://verfassungsblog.de/domestic-courts-pushing-for-a-workable-test-to-protect-the-rule-of-law-in-the-eu/ Verfassungsblog 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20200419-182125-0 200419 10.17176/20200419-182125-0 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)