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This legal analysis examines judicial authority's power to refuse executing European arrest warrants, highlighting implications for fair trials.
123 Human rights — Right to fair trial — Charter of Fundamental Rights of the European Union, 2000 — Article 47 — European arrest warrant — Council Framework Decision 2002/584 — Refusal to execute European arrest warrant — Whether judicial authority can refuse to execute European arrest warrant — Power of executing judicial authority to review right to fair trial in issuing Member State — Power of judicial authority to review competence of issuing judicial authority to issue European arrest warrant Treaties — Interpretation — Charter of Fundamental Rights of the European Union, 2000 — Article 47 — Right to fair trial — Council Framework Decision 2002/584 — Article 6(1) — Meaning of “judicial authority” — Refusal to execute European arrest warrant — Whether judicial authority can refuse to execute European arrest warrant — Power of executing judicial authority to review competence of issuing judicial authority to issue European arrest warrant — Principle of mutual recognition — Principle of mutual trust — Principle of procedural autonomy — The law of the European Union
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