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Poland: Constitutional Tribunal on the Surrender of Polish Citizens under the European Arrest Warrant. Decision of 27 April 2005.

Published online by Cambridge University Press:  20 October 2005

Adam Łazowski
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Abstract

Just as some were getting ready to uncork bottles of champagne in celebration of the first anniversary of the enlargement of the European Union with ten member states, the Polish Constitutional Tribunal delivered an important judgment assessing the conformity of provisions of the Penal Procedure Code, transposing the European Arrest Warrant with the Polish Constitution. In the decision, which potentially has effects beyond the Polish legal system, the Tribunal annulled the transposing legislation (with a delay of 18 months) because it infringed Article 55(1), which states that ‘The extradition of a Polish citizen shall be prohibited’.

Keywords

European Arrest WarrantConstitutional TribunalPolandCriticismExtraditionSurrenderPolish Constitution
Type
Case Notes
Information
European Constitutional Law Review , Volume 1 , Issue 3 , October 2005 , pp. 569 - 581
Copyright
© Asser Press 2005

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