Double criminality and the European Arrest Warrant: current trends and future developments in light of the KL case

Abstract

In line with its case-law, in the KL case the Court of Justice of the European Union further reduced the scope of the principle of double criminality in the European Arrest Warrant. This paper serves to critique this decision by taking into consideration the various competing issues at stake and resulting human rights repercussions. Furthermore, it examines the contents and consequences of the CJEU’s interpretation of the said principle, with particular emphasis on the concept of legal interest. Finally, by referring to the judgement in question and the one in the E.D.L. case, this essay advances a different reading of the proportionality of offences and penalties in surrender proceedings.