Yes, we can! or: why the reference for a preliminary ruling is not the monopoly of the executing judge in mutual recognition cases involving the surrender of requested persons

• Autores: Marta Muñoz de Morales Romero
• Localización: EuCLR European Criminal Law Review, ISSN-e 2193-5505, ISSN 2191-7442, Vol. 9, Nº. 1, 2019, págs. 81-98
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • The competence of the issuing judge in mutual recognition cases to refer for a preliminary ruling before the European Court of Justice (ECJ) is a complex question. The ECJ has nevertheless recognized that competence in its ruling in the AY case, of 25 July 2018. In this paper, the impact of that ruling on various proceedings against Catalan pro-independence leaders is analysed and some guidelines are suggested for the drafting of a future referral for a preliminary ruling from the Spanish Supreme Court.