"…And Justice for All?" The right to an independent tribunal after the ruling of the Court of Justice in LM. Issue 4 (December 2019)

• Record Type: Journal Article
• Authors: Simonelli, Marco Antonio
• Is Part Of: New journal of European criminal law. Volume 10:Issue 4(2019)
• Page Start: 329
• Page End: 341
• Publication Date: 2019-12
• Subjects: EAW -- LM -- Article 47 CFR -- Judicial Independence -- AFSJ -- Mutual Trust; Criminal law -- Europe -- Periodicals; Criminal law -- Europe -- Cases; 345.4
• DOI: 10.1177/2032284419877099
• Languages: English
• ISSNs: 2032-2844

Abstract

The article assesses the extent of protection of the right to an independent tribunal in the European Arrest Warrant mechanism. It focuses on the ruling of the European Court of Justice (ECJ) in Minister for Justice and Equality v. LM (C-216/18 PPU) and its first national applications. Its main claim is that, by imposing on national judges to carry out an individual assessment of the requested person's situation, the 'LM test' has rendered nugatory the right to an independent judge. As the first national applications are indeed showing, a violation of this right, considered as such, is not sufficient to halt the surrender. However, the High Court for England and Wales, according protection to the right to an independent tribunal at least in marginal situations, that is, in presence of a political interest in the prosecution or punishment, managed to faithfully interpreted the ECJ's judgment.