The Examination of the Executing Authority on the European Arrest Warrant

Abstract

Considering the European Arrest Warrant for the transfer of catalan separatist politicians, an issue that had remained rather unstudied until now has actually been raised: the extension of the examination of the executing judge. Some authors think that the transfer should be automatic. In this paper, it is argued that the examination should be superficial, but not as light as to allow an automatic transfer. The executing judge must at least verify the formal regularity of the order, as well as ensure that the facts correspond to the criminal category indicated by the issuing judge. Finally, the executing judge must superficially verify if the facts, as reported by the requesting judge, are not clearly false.