European arrest warrant and fundamental rights in decisions rendered in absentia: the extent of Union law in the case C- 399/11 Melloni v. Ministerio Fiscal

In this paper the Author analyses the far reaching consequences stemming from the ECJ decision C-399/11 Stefano Melloni/Ministerio Fiscal. In the first part the article describes the troubled relationships which have characterized Spain and Italy for years in the field of execution of convictions rendered in absentia. In the second part the Author outlines the extent and the primacy of Union law in the new area of justice, security and freedom, even when fundamental rights are concerned. Given the matter of the ruling, a specific attention is dedicated to the reciprocal relationship between the European Court of Justice and the European Court of Human Rights case law.