Journal of the Charles University Law Faculty
Adéla Martínková
Author’s affiliation:
Faculty of Law, Charles University in Prague
Independence as a Condition of Validity of a European Arrest Warrant
Jurisprudence 6/2025 Section: Articles Page: 32-35
DOI: https://doi.org/10.71372/GHWQ5992
Keywords: zatýkací rozkaz, Autonomie Independence, European Arrest Warrant, Autonomy
Abstract: When they became members of the EU, states gained the possibility to take part in its functioning in exchange for some limitations. By participating in the European Arrest Warrant system, states gained access to an effective means of surrendering individuals for criminal prosecution and the enforcement of sentences. At the same time, this limited their ability to refuse surrender and reduced their autonomy in deciding on the matter. The Court of Justice of the EU expanded the possibilities of refusal by adding the requirement that the issuing authority must be independent. The article therefore addresses the question of whether challenging the independence of the issuing authority has led to an increase of the executing authority’s autonomy when deciding on a surrender. The article explores the criterion of independence in two situations: when the European Arrest Warrant is issued by an authority other than a court, and when it is issued by a court in a state where the independence of the judiciary is being undermined.
