What is it about?

The article analyses the development of the legislation on the European Arrest Warrant, a system of surrender operating between Member States of the European Union. Although the system is faster and more efficient than old extradition, several problems have emerged as regards, for example, the respect of fundamental rights of the individual that is subject to the Warrant. These problems are illustrated by the interaction between national Constitutional Courts, national ordinary courts and the Court of Justice of he European Union.

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Why is it important?

The article shows advantages and disadvantages of the European Arrest Warrant, and also indicates how the European Arrest Warrant is an important example of the interaction between the national legal systems and the EU legal system.

Perspectives

Massimo Fichera is Academy of Finland Research Fellow at the Faculty of Law, University of Helsinki. He was previously, in the same University, Lecturer in European Studies at the Network for European Studies, and Post-Doctoral Fellow at the Faculty of Law, University of Helsinki. His interests lie in constitutional theory and European Union Law broadly conceived. Before joining the University of Helsinki, he completed his PhD at the University of Edinburgh and carried out research during his internships in international organisations, including the European Commission and the United Nations. He holds a degree in Law (University of Messina) and a Master in International Affairs (ISPI, Milan) and qualified as Avvocato in Italy. He is currently writing a monograph on "The Foundations of the EU as a Polity" (Edward Elgar)

Dr Massimo Fichera
Helsingin Yliopisto

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This page is a summary of: The European Arrest Warrant and the Sovereign State: A Marriage of Convenience?, European Law Journal, January 2009, Wiley,
DOI: 10.1111/j.1468-0386.2008.00451.x.
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