Forum Paper Title: "Courts and Compliance: The European Arrest Warrant in National Constitutional Courts"
Commentators: Professor Martin Schain and Professor Stavros Tsakyrakis
Abstract of Forum Paper:
After the terrorist attacks of 9/11, there was a new impetus in the EU to combat international terrorism by increasing integration under the Third Pillar. For example, in 2002, the EU member states intensified cooperation in the area of Justice and Home Affairs through the establishment of the European Arrest Warrant. However, several governments did not implement the necessary legislation on time, or it was deemed unconstitutional by various countries' highest courts. This failure to implement legislation on time stems from the role of national courts acting as veto players. Scholarship on non-compliance in the EU has ignored the role of national courts in preventing smooth and prompt compliance by national governments of their EU legal obligations. Implementation difficulties have emerged even in countries that strongly supported the law and have an extensive policy apparatus to combat terrorism. This paper explains how and under what conditions national constitutional courts inhibit compliance with EU law.
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