2026-04-17T18:17:30Zhttps://recercat.cat/oai/request

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00925njm 22002777a 4500 dc Gutiérrez García, Sara author 2024-10-09T15:11:10Z 2024-10-09T15:11:10Z 2024-06 Treball de Fi de Màster: Master in European and Global Law. Curs 2023-2024 Tutora: Aida Torres Pérez Faced with attacks in certain EU states against the rule of law and which affect judicial independence, the Court of Justice of the European Union has been swamped by a series of preliminary questions where Member States receiving EAWs from those countries where such attacks are taking place are faced with the dilemma of whether should they execute the warrants, fearing that, if executed, they will be sending the individuals concerned to courts where their fundamental right to effective judicial protection will not be upheld. Against this background, the CJEU applied a mechanism consisting of a "double" test to determine whether the EAW should be executed, given the circumstances of each case. However, after being used on numerous occasions, this system has presented several problems. The aim of this Master Thesis is to highlight these problems and propose certain reformulations that allow for a better approach to this type of scenario. Treball de fi de màster – Curs 2023-2024 Dret constitucional (Europa) Judicial independence Fundamental rights Mutual recognition LM case EAW Balancing judicial independence and mutual recognition: the CJEU’s case–law on the European arrest warrant and fundamental rights protection