November 28
2021
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Dolores Utrilla
Dolores Utrilla
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27th October 2021
Human Rights Justice & Litigation

Op-Ed: “The Right to Be Heard and the Speciality Rule in EAW Procedures. A Missed Opportunity?” by Leandro Mancano

Introduction

In its judgment in Openbaar Ministerie (Droit d’être entendu par l’autorité judiciaire d’exécution) (joined cases C-428/21 PPU and C-429/21 PPU), the Court of Justice found that an arrested person pursuant to the European Arrest Warrant (EAW) Framework Decision (EAW FD) has the right to be heard, when the issuing State is seeking derogation from the speciality rule. The judgment also established the way in which that consent could be obtained. In this Op-Ed I will argue that the ruling advances procedural rights in judicial cooperation in criminal matters, but it also represents a missed opportunity to make full use of the increasingly integrated system of EU criminal justice for the benefit of the persons concerned.<

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