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 OG and PI)

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.