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
Date Written: 2006
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: Suggested Citation