Category

Number of Access this item:969（2024-04-16 17:25 Counts）

Identifier to cite or link to this item: https://doi.org/10.15057/28305
Identifier to cite or link to this item: https://hdl.handle.net/10086/28305

Link to primary information 

File Format Size Views Description
cover_28305 pdf
HJlaw0450000131 pdf 47.1 KB 313 Erratum
HJlaw0450000130 pdf 455 KB 556

Item Information

Output File

Title
COMPLETION OF EU MEASURES THROUGH COURT DECISIONS: THE EXAMPLE OF THE EUROPEAN ARREST WARRANT
Creator
Creator Name
Nakanishi, Yumiko Nakanishi, Yumiko
中西, 優美子 中西, 優美子
Affiliation
Affiliation Name
Hitotsubashi University
Key Word
Council Framework Decision on the EAW
Melloni Case
Solange III Decision
complementary role of the Court
development of EU law
Dialogue between the BVerfG (GFCC) and CJEU
uniform application of EU law
Guarantee of fundamental rights
Abstract
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.
Publisher
Hitotsubashi University
Issued Date
2017-02
Language
English(eng)
Resource Type
departmental bulletin paper
Version Type
VoR
selfDOI
10.15057/28305
ISSN
0073-2796
NCID
AA00207558
Source Title
Hitotsubashi journal of law and politics
Volume Number
45
Page Start
13
Page End
21
Appears in Collections
Vol. 45 (Feb. 2017)
URL
https://hdl.handle.net/10086/28305