Event

Cross-border training workshop: Mutual Trust and Judicial Independence in the EAW framework

Overview

The European arrest warrant (EAW) is the most emblematic instrument of mutual recognition in the field of criminal law. The well-functioning of the EAW is based upon mutual trust, and mutual trust is founded on the presumption that the criminal courts of the EU Member States are independent. What are the consequences for the EAW when the independence of the issuing judicial authority is questioned? Under what circumstances may the execution of a European arrest warrant be refused on grounds of lack of judicial independence?

The goal of this workshop is to provide the tools to answer these questions and enhance the understanding and application of the criteria developed by the case-law of the Court of Justice of the European Union and the European Court of Human Rights. The analysis will focus on the challenges for judicial independence in the context of the rule of law backsliding, the independence of prosecutors when they have been designated as the issuing judicial authority, and more generally the consequences for mutual trust and mutual recognition when the requirement of judicial independence is at stake.

Outcome of the Workshop

• Participants will receive a certificate of participation;
• Participants will be able to understand and explain the main legal issues relating to the European rule of law (the training’s “core”);
• Participants will be able to identify the standard of effective judicial protection under Article 47 EU CFR and the role of the ECHR and the case law of the Strasbourg Court to determine it;
• Participants will become familiar with the procedural steps through which the existence of a duty to pursue or suspend horizontal judicial cooperation exists;
• Participants will become familiar with the allocation of the burden of proof in cases concerning the implications of rule of law problems on mutual trust, as well as understand how that burden can be satisfied;
• Participants will be able to establish whether the solution of the pending case requires the involvement of the Court of Justice through the reference for preliminary ruling;
• Participants will be able to find cases decided by the Court of Justice or national courts which can help you solving the pending case or supporting your legal arguments;
• Partcipants will understand how to implement the relevant case law of the Court of Justice in your case;
• Participants will acquire the ability to relate the knowledge acquired to the cases you are dealing with in your legal practice;
• Participants will be able to create and design new arguments to convincingly plead your case where issues concerning mutual trust and the rule of law arise;
• Participants will become part of a network of legal practitioners and scholars dealing with similar issues that could provide support for future questions.

Target group

Public prosecutors, attorneys and judges from European Union (EU) countries. The training will be in English and opened to those with both basic and experienced knowledge of EU law and ECHR.

Details on the program, fee and registration can be found on the conference website.