Co-existence of various instruments protecting fundamental rights in European arrest warrant proceedings: Court of justice of the European Union case of Melloni (C-399/11)

ABSTRACT: The Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between Member States respects fundamental rights and observes the principles recognised by the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union. However, it does not deal with the co-existence of various instruments protecting fundamental rights. The conference contribution deals with the Court of Justice of the European Union Case of Melloni (C-399/11), which gives answer. At the outset the contribution emphasises the subject matter of the analysed case. As a starting point for further analysis, it presents the dispute in the proceedings. As a consequence, there are introduced questions referred to the Court of Justice. Further, the contribution examines the opinion of the Court of Justice and the view of Advocate General. At the end, the contribution is concluded by the Court’s rulings.