The operation of the European Arrest Warrant in the Shadow of Europe’s Rule of Law Crisis
- Karin Glerum
- Dariusz Mazur
- Michiel Luchtman
- 16 May 2019
Leiden Law Exchange (LLX) organised by the Europa Institute and the Criminal Law Department of Leiden Law School, in collaboration with the Meijers Committee.
LLX meetings aim to facilitate the exchange of ideas on current EU affairs between academics, practitioners, policy makers and other stakeholders. Currently, a number of Member States is under scrutiny for not respecting the rule of law, in particular the independence of its judiciary. This raises the question what consequences a threat to the rule of law should have for the cooperation between Member States in the area of justice and home affairs, which is premised on mutual trust and mutual recognition.
The European Arrest Warrant is one of the most important instruments of judicial cooperation in criminal justice. In the case of Minister of Justice and Equality v LM (C-216/18), the European Court of Justice provided guidance as to the execution of a European Arrest Warrant upon request of a Member State in which there are grave concern as to the independence of its judiciary. It is now to national courts to apply this ruling in individual cases, establishing whether there is a real risk that the individual concerned will suffer a violation of his fair trial rights.
This LLX will discuss how national courts have interpreted and applied the European Court of Justice’s ruling. Has the Court been able to strike the right balance between the effectiveness of judicial cooperation and the respect for fundamental rights? Has the Court provided national courts with the necessary tools to apply the European Arrest Warrant in a consistent and uniform manner?
Three speakers will provide a short reflection from their respective backgrounds after which the floor will be opened for discussion. Attendance is by invitation. Chatham House Rules applies.
1. Karin Glerum
Karin Glerum started her career in private practice as a Supreme Court lawyer (civil law) in The Hague. In 2001 she switched to the judiciary, initially to work for the Enterprise Chamber of the Amsterdam Court of Appeals and as of 2006 for the District Court of Amsterdam. In 2015 Karin was appointed judge in the criminal law division of the District Court of Amsterdam, where she serves as a member and (since 1 October 2017) the chair of the Chamber for International co-operation in criminal matters.
2. Dariusz Mazur
Dariusz Mazur is a criminal court judge, who currently holds the position of Chief of the Third Criminal Division of Regional Court in Cracow. He is also the spokesman of the Association of Judges ‘Themis’ (the second largest association of judges in Poland). He has expertise in international co-operation in criminal matters, protection of human rights as well as immigration and asylum law. As a lecturer on these matters he collaborates with the Polish National School of Judiciary and Public Prosecutors, and with the European Judicial Training Network (EJTN). In 2016 he was honoured with the title of European Judge of the Year 2015, granted by the Polish Section of the International Commission of Jurists (ICJ).
3. Michiel Luchtman
Michiel Luchtman is professor of Transnational law enforcement and fundamental rights at Utrecht University. He is also a member of the Standing Committee of Experts on International Immigration, Refugee and Criminal law (Meijers Committee) and of the European Commission’s Expert Group on Criminal Policy. On occasion, he acts as rechter-plaatsvervanger (honorary judge) at the District Court of Amsterdam.