dr hab. Przemysław Saganek, prof. INP PAN
Zakład Prawa Międzynarodowego Publicznego
e-mail: psaganek@yahoo.com
FORMA
[Recenzja: Ewelina Cała-Wacinkiewicz, Fragmentacja prawa międzynarodowego, Wydawnictwo C.H. Beck, Warszawa 2018]
Studia Prawnicze KUL 2020, nr 2 (82), s. 425-432.
The Execution of European Arrest Warrants Issued by Polish Courts in the Context of the Cjeu Rule of Law Case Law
Polish Yearbook of International Law 2020, t. XXXX, s. 275–295.
The case law of the CJEU dealing with the rule of law touches upon the question of execution of European Arrest Warrants (EAWs) issued by Polish courts. The year 2020 witnessed the second important judgment of the CJEU in this respect (the Dutch case). As in its 2018 predecessor (the Irish case), the CJEU excluded the possibility of overt denial of all EAWs issued by Polish courts. Instead it insists on a two-step examination, comprising not only a general evaluation but also the examination of the individual situation of a requested person. It remains to be seen whether this is a promise of armistice in the CJEU’s approach to Poland, although this is not believed by the author of the text.