04 February 2026
Two-Step Test Master of None
Within the recurring use of the two-step test in EU criminal judicial cooperation (and possibly soon in its civil counterpart), AG Richard de la Tour’s Opinion, delivered on 22 January 2026, suggests a new role for the test: ensuring that the execution of a EAW safeguards the proportionality principle under Article 49(3) CFR. While this development strengthens exceptions to mutual trust, it also exposes the test’s limits in addressing proportionality breaches, revealing an uneven protection of fundamental rights. Continue reading >>
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25 February 2022
Avoiding the Elephant in the Room Once Again
In its long-awaited Grand Chamber judgment, the EU Court of Justice (CJEU) dealt with the question how the effective functioning of the instrument of the European arrest warrant (EAW), built upon the principle of mutual trust between the judicial authorities of all the Member States, can be safeguarded against the backdrop of the deficiencies in the Polish judicial system. The judgment specifies the conditions under which the national judicial authorities of Member States executing a European arrest warrant may refuse to surrender the requested persons, but still fails to reach its full potential. Continue reading >>
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