Beschreibung:
<p>The competence for issuing a European Arrest Warrant (EAW) is a hot topic at the moment. It has been the subject of four rulings of the Court of Justice of the European Union (CJEU) alone in 2019. These are preceded by three more rulings on the same subject from 2016. All of these judgments addressed the same core question: was the issuing authority a “judicial authority” and independent enough to issue an EAW pursuant to Art. 6 (1) of the Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (FD-EAW)? If the answer to that question is “no”, the EAW issued by the incompetent authority is not valid. This article analyses the concept of “judicial authority” in the context of the FD-EAW and the legislative change currently discussed in Germany in the light of the requirements established by the CJEU. </p>