Analysis: “Bivolaru and Moldovan v. France: the ECtHR scrutinises the execution of European Arrest Warrants in light of the Bosphorus doctrine” by Maddalen Martín
The salience of the judgment rendered by the European Court of Human Rights (ECtHR) in the case Bivolaru and Moldovan v. France of 25 March 2021 (applications nos. 40324/16 and 12623/17) (a summary is available here) is manifold.
The ECtHR had already applied the presumption of equivalent protection, first established in Bosphorus (application no. 45036/98), to a dispute concerning the respect for fundamental rights in the execution of a European Arrest Warrant (EAW) in Pirozzi (application no. 21055/11). The ECtHR’s analysis in Bivolaru, as compared to that in Pirozzi, is more enlightening. In Pirozzi the ECtHR concluded the absence of any margin of manoeuvre on the part of the national authorities responsible for executing the E