Analysis: “Cooperation As Usual? Execution Of EAWs And Systemic ...

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Monday, December 29 2025 Human Rights - Justice & Litigation March 10, 2022 Analysis: “Cooperation as Usual? Execution of EAWs and Systemic Risk of Unfair Trials in the X and Y v Openbaar Ministerie judgment of the Court of Justice” by Francesco Rossi

Francesco Rossi

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On 22 February 2022, the Grand Chamber of the Court of Justice delivered a judgment (X and Y v Openbaar Ministerie, C-562/21 PPU and C-563/21 PPU) on the criteria that national judges shall apply to refuse the execution of a European arrest warrant (EAW) in exceptional cases of real risk of rule of law infringements in the issuing Member State. In the joined cases at hand, the applicants claimed that their right to a fair trial in criminal matters would be breached, should they be surrendered to the issuing EU Member State (Poland). The first applicant (X) affirmed that the law in force in Poland does not provide for judicial remedies to challenge the unlawful composition of national courts, which are not independent nor impartial. The s

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