Tag: Poland
Judgments
EAW cannot be used for investigative purposes (Cass. 7861/23)In European Union law, the European Arrest Warrant may not be issued exclusively for investigative purposes, which are detached from the prosecution in the requesting state, since alternative instruments of European cooperation in the common legal space - like European investigation order - are provided for the pursuit of legitimate investigative purposes.
Judgments
Need for questioning allows European Arrest warrant (Cass. 46577/22)Poland's EAW for questioning defendant is legitimate under Italian law, and proportionality check for EIO is not necessary.
Judgments
Proportionality check in Polish EAW case (ITA Supreme Court 14937/22)Plish EAW, fair trial is granted if there is no evidence of individual risk, but prportionality has to be checked.