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3. Ne bis in idem in the context of an Interpol red notice: Effective law enforcement versus fundamental right (case note on C-505/19 WS)

Author

Heimrich, Chad and Scharpf, Michaela

Subjects
ne bis in idem, data protection, ddc:340, Recht und Gesellschaft, Double jeopardy, Interpol red notice, extradition, Automotive Engineering
Abstract

This case note examines the Court of Justice of the European Union’s decision in WS (C-505/19) concerning the application of the ne bis in idem principle enshrined in Article 54 CISA and Article 50 Charter in the context of an Interpol red notice. It examines whether a person may be provisionally detained on the basis of a red notice in cases where investigation proceedings have previously been closed by a judicial decision. The case note closes with a commentary on the decision as well as an outlook for legal practitioners in the field., New Journal of European Criminal Law, vol. 13, no. 1, p. 91

Published
2022

5. European arrest warrants and the independence of the issuing judicial authority – How much independence is required? (Case note on joined cases C-508/18 and C-82/19 PPU OGand PI)

Author

Heimrich, Chad

Abstract

This case note examines the Court of Justice of the European Union (CJEU)’s decision in OG (C-508/18) and PI (C-82/19 PPU) concerning the interpretation of the notion of ‘issuing judicial authority’ within the meaning of Article 6(1) Framework Decision 2002/584/JHA. It assesses whether the German Public Prosecutor’s Office can be considered to be sufficiently independent to issue European Arrest Warrants. In this context, the CJEU’s previous case law on Article 6(1) will be taken into consideration and briefly outlined. The case note, then, summarises the Opinion of the Advocate General and the Court’s line of reasoning and closes with a commentary on the decision.

Published
2019
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