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Dolores Utrilla
Dolores Utrilla
13th January 2022
Human Rights Justice & Litigation

Op-Ed: “Between the Devil and the Deep Blue Sea: AG Rantos Upholds the Application of the Two-step Test to EAWs Issued by Polish Authorities” by Leandro Mancano


On 16 December 2021, Advocate General (AG) Rantos delivered his Opinion in Openbaar Ministerie (Tribunal établi par la loi dans l’État membre d’émission) (Joined cases C-562/21 PPU and C-563/21 PPU). The Amsterdam Court had raised the following question: What test should an executing judicial authority apply when deciding whether to execute an European Arrest Warrant (EAW) for the purpose of executing a final custodial sentence or detention order when examining whether, in the issuing Member State, the trial resulting in the conviction was conducted in breach of the right to a tribunal previously established by law, where no effective remedy was available in that Member State for any breach of that right?



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