The European Orders Issued by the Spanish Supreme Court
DOI:
https://doi.org/10.36151/td.2019.026Keywords:
Judicial cooperation, European Union, European Arrest and Surrender Warrant, integration, mutual recognition, confidence, in absentia, escape, rejection of surrender, reactivation of European order, decisional dialogue, reciprocityAbstract
The European Arrest and Surrender orders issued by the investigating magistrate against the fled prosecuted has damaged the spirit of the European integration and the construction of the area of freedom, security and justice, which might be based on the respect of mutual recognition of judicial resolutions, due to the rejection of these orders by Germany and Belgium with preposterous arguments. After the resolution issued by the Second Chamber of the Supreme Court, the investigating magistrate has reactivated the European orders against the fugitives, and these must be resolved by Belgium and the United Kingdom. The answer from the states of execution given to them may therefore strive to move towards the European system of crossborder persecution of suspects in criminal cases or those already condemned through a unification of the criteria of admission and rejection of the aforementioned orders. This also requests a decisional dialogue of tribunals headed by the idea of an integrating reciprocity