The European Arrest Warrant (EAW) is an arrest warrant issued by a single national judge, valid throughout all member states of the EU. Since its creation the instrument has raised a rich constitutional debate and several complaints in front of supreme and constitutional courts. The principle of double criminality and that of the rule of law in criminal matters are being questioned by this instrument. A different issue is that of the competence of the EU to discipline criminal matters: the treaty does not establish such a competence which questions the limits to states sovreignty being indirectly enacted by third pillar legislation. The book contains essays on these issues and the relevant foreign and italian case law (all translated in italian)
contiene contributi di R. Calvano, F. Sorrentino, M. Mazziotti di Celso, A. Celotto, E. Rinaldi, A. Di Martino
Legalità costituzionale e mandato d'arresto europeo / Calvano, Roberta. - STAMPA. - (2007).
Legalità costituzionale e mandato d'arresto europeo
CALVANO, Roberta
2007
Abstract
The European Arrest Warrant (EAW) is an arrest warrant issued by a single national judge, valid throughout all member states of the EU. Since its creation the instrument has raised a rich constitutional debate and several complaints in front of supreme and constitutional courts. The principle of double criminality and that of the rule of law in criminal matters are being questioned by this instrument. A different issue is that of the competence of the EU to discipline criminal matters: the treaty does not establish such a competence which questions the limits to states sovreignty being indirectly enacted by third pillar legislation. The book contains essays on these issues and the relevant foreign and italian case law (all translated in italian)I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
