Yes, We Can! Or: Why the Reference for a Preliminary Ruling is not the Monopoly of the Executing Judge in Mutual Recognition Cases Involving the Surrender of Requested Persons
Table of contents
Bibliographic information
European Criminal Law Review
Volume 9 (2019), Edition 1
- Authors:
- Publisher
- Nomos, Baden-Baden
- Publication year
- 2019
- ISSN-Online
- 2193-5505
- ISSN-Print
- 2191-7442
Chapter information
Volume 9 (2019), Edition 1
Yes, We Can! Or: Why the Reference for a Preliminary Ruling is not the Monopoly of the Executing Judge in Mutual Recognition Cases Involving the Surrender of Requested Persons
- Authors:
- ISSN-Print
- 2191-7442
- ISSN-Online
- 2193-5505
- Preview:
The competence of the issuing judge in mutual recognition cases to refer for a preliminary ruling before the European Court of Justice (ECJ) is a complex question. The ECJ has nevertheless recognized that competence in its ruling in the AY case, of 25 July 2018. In this paper, the impact of that ruling on various proceedings against Catalan pro-independence leaders is analysed and some guidelines are suggested for the drafting of a future referral for a preliminary ruling from the Spanish Supreme Court.