Tagged: Poltorak

German prosecutors are insufficiently independent to issue European Arrest Warrants

By Johannes Graf von Luckner

It is a statement that one would more readily expect from political activists – it was, however, issued by the Court of Justice of the European Union (CJEU): Public prosecutor’s offices in Germany are not sufficiently independent to issue European arrest warrants (EAWs) (Joined Cases C-508/18 and C-82/19 PPU, OG and PI).

The case is sending shock waves through Germany’s judiciary, although it was not wholly unexpected after Advocate General Campos Sánchez-Bordona stated, in his Opinion preceding the judgment, that he had been waiting for an opportunity to comment on German prosecutors’ independence.

The purpose of this post is to summarise the Court’s legal reasoning and to give a brief overview of the implications the judgment might have for Germany, German EAWs, and other Member States. Continue reading