Legality, Double Criminality and Effectiveness in the European Arrest Warrant System: The Court of Justice in X

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 461-467 | European Forum Insight of 28 May 2020 | (Table of Contents) I. Introduction. - II. Facts of the case and key legal issues. - III. The scope of the principle of legality regarding double criminality. - IV. Identifying the applicable law according to the context: the interpretative value of the EAW form. - V. Concluding remarks. | (Abstract) In X (judgment of 3 March 2020, case C-717/18, X (Mandat d'arrêt européen - Double incrimination), the Court of Justice has clarified the implications of a reform determining the increase of the penalty scales on the lifting the double criminality check pursuant to Art. 2, para. 2, of Framework Decision 2002/584/JHA, where an European Arrest Warrant is pending. While analysing the interpretative approach underpinning the reasoning of both the Court of Justice and the AG, the present Insight focuses on two key issues: the relationship between the EAW system and the nullum crimen, nulla poena sine lege principle, and the renewed importance of the EAW form for purposes of contextual interpretation of the Framework Decision. The concluding remarks provide some reflections on the principle of effectiveness in EAW matters.

Keywords

• judicial cooperation in criminal matters
• mutual recognition
• european arrest warrant
• double criminality
• principle of legality
• effectiveness