Bundesverfassungsgericht (German Constitutional Court), Decision of 18 July 2005 (2 BvR 2236/04) on the German European Arrest Warrant Law

13 Pages Posted: 5 Feb 2013

See all articles by Alicia Hinarejos

Alicia Hinarejos

McGill University, Faculty of Law

Date Written: 2006

Abstract

The decision of the German Constitutional Court of 18 July 2005 declared the German law implementing the EU Framework Decision on the European Arrest Warrant unconstitutional. This case note offers a brief account of the decision and argues that it runs counter to the spirit of the recent judgment of the ECJ in the Pupino case. This rather critical conclusion is reached after examining, firstly, whether the Federal Constitutional Court was under the obligation to interpret national law as far as possible in the light of the framework decision and, secondly, whether the fulfilment of such an obligation could be ruled out from the start. To conclude, the case note considers the scope of the relevant duty and how it could have been discharged in the case at issue.

Keywords: EU Law, German Constitutional Court, Federal Constitutional Court, Bundesverfassungsgericht, European Arrest Warrant, Pupino

JEL Classification: K30, K33, K00

Suggested Citation

Hinarejos, Alicia, Bundesverfassungsgericht (German Constitutional Court), Decision of 18 July 2005 (2 BvR 2236/04) on the German European Arrest Warrant Law (2006). Common Market Law Review, Vol. 43, pp. 583-595, 2006, Available at SSRN: https://ssrn.com/abstract=2211641

Alicia Hinarejos (Contact Author)

McGill University, Faculty of Law ( email )

3644 Peel Street
Montreal, Quebec H3A 1W9
Canada

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