紀要論文 COMPLETION OF EU MEASURES THROUGH COURT DECISIONS: THE EXAMPLE OF THE EUROPEAN ARREST WARRANT

NAKANISHI, YUMIKO

45pp.13 - 21 , 2017-02 , Hitotsubashi University
ISSN:0073-2796
NII書誌ID(NCID):AA00207558
内容記述
The Council Framework Decision on the European Arrest Warrant (EAW) was adopted as an EU measure in 2002. With this Framework Decision, the system of the EAW was introduced in European Countries. The Melloni Case of the CJEU had an impact on EU Member States. After that, the German Federal Constitutional Court (GFCC) had the opportunity to treat the Melloni decision on the EAW. The GFCC checked it, based on the identity review, and opened a way of derogating the measure. The decision of the GFCC is called “Solange III.” The CJEU reacted to the CFCC's decision and accepted it to some extent. Then, GFCC treated the CJEU's decision on the EAW again. Those decisions of the GFCC and CJEU contributed to complementing the EAW system through dialogue between them. This article aims to show the process of completion of an EU measure through court decisions, using the framework decision on the EAW as an example.
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http://hermes-ir.lib.hit-u.ac.jp/rs/bitstream/10086/28305/7/HJlaw0450000130.pdf

http://hermes-ir.lib.hit-u.ac.jp/rs/bitstream/10086/28305/6/HJlaw0450000131.pdf

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