tag:blogger.com,1999:blog-8704899696538705849.post7686116849418450826..comments2024-03-28T02:32:17.979-07:00Comments on EU Law Analysis: Mutual trust – blind trust or general trust with exceptions? The CJEU hears key cases on the European Arrest WarrantSteve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8704899696538705849.post-63421879900976544702016-03-01T00:39:50.481-08:002016-03-01T00:39:50.481-08:00Thank you.
I agree, this is a scenario that could...Thank you.<br /><br />I agree, this is a scenario that could become reality. Bot asked the German representative whether the German Government had considered the ruling from December in regards to the present cases. The German representative asked Bot to withdraw the question because he did not consider it for the Government to comment on the BvG-ruling.Anonymoushttps://www.blogger.com/profile/08675808936338562527noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-67741642315346213872016-02-19T01:16:00.008-08:002016-02-19T01:16:00.008-08:00Thanks for this excellent note. Just to add that ...Thanks for this excellent note. Just to add that the cases are interesting for an additional reason given that they originate in Germany: if prison conditions in Hungary and in Romania are in fact to be considered inhuman and in violation of Article 3 ECHR, then (from a German perspective) the surrender would constitute a violation of human dignity. If brought before the Federal Constitutional Court (which the Bremen Court would be able to do) this would trigger a 'constitutional identity' review as the Constitutional Court held only a few weeks ago (https://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/EN/2016/bvg16-004.html). The famous Solange-ruling would not apply.Tobias Lockhttp://www.law.ed.ac.uk/people/tobiaslocknoreply@blogger.com