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oai:verfassungsblog.de/66319 2022-08-02T09:50:42Z posts

http://dx.doi.org/10.17176/20220802-181915-0 https://verfassungsblog.de/everything-must-remain-the-same-for-everything-can-change/ Everything must remain the same for everything can change - Judicial subsidiarity as a way to address rule of law deficiencies in the European Arrest Warrant mechanism Mancano, Leandro eng 2022-08-02 electronic resource text/html ddc:342 CJEU EAW EuGH European Arrest Warrant Poland Rule of Law Verfassungsblog Verfassungsblog--2366-7044 CC BY-SA 4.0 The European Arrest Warrant mechanism has been one of the fiercest manifestations of the rule of law crisis in Poland. Four years have passed since the EU Court of Justice instructed executing courts to carry out a two-step test, to decide on the execution of EAWs issued by a Member State affected by systemic deficiencies to the independence of its judicial system. Four years later, the Polish government has only dug itself deeper into its authoritarian trench. With its recent rulings, the Court has significantly broadened the criteria and factors on which the executing courts can rely, when assessing the risk of a breach of Article 47(2) CFR in the issuing State.