Be careful what you ask for: The European Court of Justice's EAW jurisprudence meets the Catalan secession crisis and the European rule of law crisis in Puig Gordi and others, C-158/21, EU:C:2023:57
| Published date | 01 April 2023 |
| DOI | http://doi.org/10.1177/1023263X231191904 |
| Author | Joan Solanes Mullor |
| Date | 01 April 2023 |
| Subject Matter | Case Notes |
Be careful what you ask for:
The European Court of Justice’s
EAW jurisprudence meets the
Catalan secession crisis and the
European rule of law crisis in
Puig Gordi and others, C-158/21,
EU:C:2023:57
Joan Solanes Mullor
1
Abstract
Puig Gordi and others, a consequence of the Europeanization of the Catalan secession crisis, is
another case in the constant evolution of the Court of Justice of the European Union’s (CJEU)
case law on the European Arrest Warrant (EAW). To this judicial cooperation mechanism of
an automatic nature, the CJEU has gradually incorporated the evaluation of fundamental rights
as an integral part of its nature. This incorporation has been needed even more in the context
of the rule of law crisis. In the particular case, the CJEU guides the application of the two-step
test only on the possible violation of the fundamental right to a court established by law but
does not express guidelines regarding other possible violations. Problems in the drawing of the
preliminary reference explains the CJEU’s lack of a complete answer, which may create uncer-
tainty for the parties involved as to how the EAW should be executed in the particular case.
Keywords
Catalan secession crisis, European Arrest Warrant, preliminary reference procedure, refusal of an
EAW on grounds of violations of fundamental rights, right to a court established by law, rule of law
crisis
1
Constitutional Law, Pompeu Fabra University, Barcelona, Spain
Corresponding author:
Joan Solanes Mullor, Department of Law, Pompeu Fabra University, C/ Ramon Trias Fargas, 25-27, Barcelona (08005),
Spain.
Email: joan.solanes@upf.edu
Case Note
Maastricht Journal of European and
Comparative Law
2023, Vol. 30(2) 201–215
© The Author(s) 2023
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DOI: 10.1177/1023263X231191904
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