Analysis of information sources in references of the Wikipedia article "European Arrest Warrant" in English language version.
The second part of this article will deal with the decision of the ECJ that the highly controversial European Arrest Warrant (EAW) does not breach the principles of legality and equality.
This was the case that gave the ECJ the opportunity to make an authoritative decision that would settle the EAW question, a highly controversial and delicate matter that involves structural issues pertaining to the EU, national constitutional limits, and the authority of European and national courts.
Since its adoption, the FDEAW has been controversial, mainly because the execution of EAWs in furtherance of the mutual recognition principle may conflict with the accused or convicted person's fundamental rights. Mutual recognition is based on mutual trust or confidence. It is presumed that the criminal law authorities of other Member States comply with the right to a fair trial and other (related) fundamental rights. In practice, however, this presumption does not necessarily hold true.