Nuovi sviluppi per il test Aranyosi e Căldăraru ed il rapporto tra giurisdizioni: il caso Dorobantu

Translated title of the contribution: [Autom. eng. transl.] New developments for the Aranyosi and Căldăraru test and the relationship between jurisdictions: the Dorobantu case

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The article analyzes the Dorobantu judgment of 15 October 2019 with which the Grand Section of the Court of Justice of the European Union has returned to pronounce on the delicate issue of the non-executability of the European arrest warrant, when the conditions of detention of the recipient of the order may determine an inhuman or degrading treatment. The case, which arose out of a preliminary ruling by the Hamburg High Court, which was also prompted by an order of the German Federal Constitutional Court, offers several points for reflection. First of all, the Court clarified some aspects of the Aranyosi and Căldărarurelative tests, in particular the personal space available in a collective cell and the relationship of trust between the executing and the issuing judicial authorities. Secondly, the case allows us to reflect on the relationship between jurisdictions - CCFT, ECtHR and the Court of Justice - in relation to the protection of fundamental rights.
Translated title of the contribution[Autom. eng. transl.] New developments for the Aranyosi and Căldăraru test and the relationship between jurisdictions: the Dorobantu case
Original languageItalian
Pages (from-to)107-121
Number of pages15
JournalEUROJUS
Volume2020
Publication statusPublished - 2020

Keywords

  • condizioni di detenzione
  • european arrest warrant
  • mandato d'arresto europeo
  • mutual recognition
  • mutuo riconoscimento

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