Double criminality and the European Arrest Warrant: current trends and future developments in light of the KL case

Published date01 March 2024
DOIhttp://doi.org/10.1177/20322844241228675
AuthorGianmarco Bondi
Date01 March 2024
Subject MatterCase Report
Case Report
New Journal of European Criminal Law
2024, Vol. 15(1) 99113
© The Author(s) 2024
Article reuse guidelines:
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DOI: 10.1177/20322844241228675
journals.sagepub.com/home/nje
Double criminality and the
European Arrest Warrant:
current trends and future
developments in light of the KL
case
Gianmarco Bondi
University of Ferrara, Italy
Abstract
In line with its case-law, in the KL case the Court of Justice of the European Union further
reduced the scope of the principle of double criminality in the European Arrest Warrant. This
paper serves to critique this decision by taking into consideration the various competing issue s
at stake and resulting human rights repercussions. Furthermore, it examines the contents and
consequences of the CJEUs interpretation of the said principle, with particular emphasis on the
concept of legal interest. Finally, by referring to the judgement in question and the one in the
E.D.L. case, this essay advances a different reading of the proportionality of offences and
penalties in surrender proceedings.
Keywords
double criminality, legal interest, proportionality of criminal offences and penalties, European
Arrest Warrant, charter of fundamental rights of the European union
Corresponding author:
Gianmarco Bondi, Department of Law, University of Ferrara, Corso Ercole I dEste, 37, Ferrara 44121, Italy.
Email: bondi.gianmarco@gmail.com

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