Alessandro Rosanò

The "Aranyosi and Căldăraru" Test and the Right to a Fair Trial

  • Abstract

Informations and abstract

Keywords: European Arrest Warrant; Right to a Fair Trial; High Court (Ireland); "Minister for Justice and Equality v Artur Celmer; Aranyosi and Căldăraru"; Rule of Law in Poland.

On 12th March 2018, the Irish High Court refused to execute three European Arrest Warrants issued by Polish authorities due to concerns about the integrity of the Polish justice system. Instead, the Irish Court referred two questions for a preliminary ruling in order to assess whether the test developed by the European Court of Justice in "Aranyosi e Căldăraru" with regard to the possible violation of the prohibition of inhuman or degrading treatment or punishment may apply in the event of a possible violation of the right to a fair trial. The Author tackles this topic and tries to assess whether the Polish issuing authorities may still be regarded as judicial in nature, in the light of the rule of law crisis Poland is facing.

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