Alessandro Rosanò

"Du Côté de Chez Aranyosi", or Again on How the European Court of Justice Clarified Some Issues Related to the Application of the "Aranyosi" and "Căldăraru" Test

  • Abstract

Informations and abstract

Keywords: European Court of Justice; European Arrest Warrant; Aranyosi and Căldăraru Test; Generalstaatsanwaltschaft (Conditions de Détention en Hongrie) Judgment; Detention Conditions; Assurances.

Building on the ruling given in the "Aranyosi" and "Căldăraru" case, in "Generalstaatsanwaltschaft (Conditions de détention en Hongrie)" the European Court of Justice provided some clarification concerning the application of the test developed in its former case law regarding the protection of fundamental rights in the framework of the European Arrest Warrant mechanism, focusing on the prohibition of inhuman or degrading treatment in prison. The Author highlights the issues related to the length of detention and the assurances provided by the authorities of the issuing Member State regarding detention conditions and tries to assess whether the case law of the European Court of Justice and the precedents of the European Court of Human Rights are consistent with each other. Furthermore, some words are devoted to how information should be considered when they are provided by the judicial authorities of a State where a rule of law crisis is taking place.

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