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Journal of International Criminal Justice Advance Access originally published online on October 14, 2006
Journal of International Criminal Justice 2006 4(4):686-701; doi:10.1093/jicj/mql050
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© Oxford University Press, 2006, All rights reserved. For permissions please email: journals.permissions@oxfordjournals.org

The German Constitutional Court and the European Arrest Warrant

‘Cryptic Signals’ from Karlsruhe

Helmut Satzger and Tobias Pohl*

* Helmut Satzger is Professor of Criminal Law at the Ludwig-Maximilians-University, Munich; Tobias Pohl works as a postgraduate research fellow with Prof. Satzger. [ helmut.satzger{at}jura.uni-muenchen.de; tobias.pohl{at}jura.uni-muenchen.de]

In an important 2005 judgment, the German Federal Constitutional Court declared void the German Act that was meant to implement the European Union Framework Decision on the European Arrest Warrant. However, according to the Constitutional Court, the Framework Decision itself did not necessarily provoke a breach of the German Constitution. If the German legislator had made adequate use of the tolerance provided by the Framework Decision, he could have avoided any conflict with the Constitution. While, at first sight, the Court's criticism solely seems to refer to German national law, a closer look at some statements that deal with European law reveals a high potential for future disagreement between the German Constitutional Court and European institutions: they do not share the same view as to the development of European cooperation in criminal matters.


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