Garufi, Carlotta (A.A. 2022/2023) The European arrest warrant: a difficult balance between mutual recognition and fundamental rights safeguard in the CJEU's case law. Tesi di Laurea in Diritto dell'Unione europea, Luiss Guido Carli, relatore Daniele Gallo, pp. 209. [Single Cycle Master's Degree Thesis]

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Abstract/Index

Mutual trust and mutual recognition: "cornerstones" of the area of freedom, security and justice. An increasing need for European cooperation in criminal matters: historical background. The TFEU’s most relevant provisions for the European competence in criminal matters. European integration in civil matters v European integration in the criminal field: similar historical evolution and similar legal bases, but different outcomes. Different models of (international and then European) cooperation in criminal matters. The framework decision 254/2002 and the delineation of a possible collision between mutual trust and fundamental rights protection in the European arrest warrant. The European arrest warrant (EAW): an overview. Profiling the problem: a possible collision between mutual trust and fundamental rights safeguard in the AFSJ. The Italian implementation. Evidence of the problem in the CJEU's case law: the early days: a fierce protection of mutual trust. Before Radu, the case Gözütok and Brügge and advocaten voor de wereld. The case Radu: a breach of fundamental right not included in the framework decision on the European arrest warrant as a ground for refusal cannot justify non-execution. The case Melloni: member States do not have the discretion to apply higher standards than the level of protection provided in framework decision on the European arrest warrant. New developments on the topic, (relatively) virtuous new itineraries. The real turning point: the joint cases Aranyosi and Căldăraru and the post-Aranyosi scenario. The joint cases Aranyosi and Căldăraru. The post-Aranyosi and Căldăraru scenario, fundamental rights beginning to tip the balance more in their favour. The recent EDL judgement: right to health can be a ground for postponement. One currently pending case: Italian Corte di cassazione, ordinance 15143/202: would the right to family life be considered as a possible refusal ground? Overall conclusions in the aftermath of Aranyosi: an enlarged spectrum of fundamental rights capable to block mutual recognition’s functioning. Different points of view: other mutual recognition instruments with a distinct approach: still-open problems and future perspectives. The directive 2014/41/EU and the European investigation order. Another approach: the European production and preservation order. Many problems are still open: some possible solutions.

References

Bibliografia: pp. 177-203.

Thesis Type:	Single Cycle Master's Degree Thesis
Institution:	Luiss Guido Carli
Degree Program:	Single Cycle Master's Degree Programs > Single Cycle Master's Degree Program in Law (LMG-01)
Outstanding Thesis:	Department of Law
Chair:	Diritto dell'Unione europea
Thesis Supervisor:	Gallo, Daniele
Thesis Co-Supervisor:	Biagioni, Giacomo
Academic Year:	2022/2023
Session:	Summer
Deposited by:	Alessandro Perfetti
Date Deposited:	28 Nov 2023 10:36
Last Modified:	15 May 2024 07:29
URI:	https://tesi.luiss.it/id/eprint/37105

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