THE TWO-STEP TEST: CJEU’S DEVELOPING APPROACH TO PROTECTION OF FUNDAMENTAL RIGHTS WITHIN THE EUROPEAN ARREST WARRANT SYSTEM
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Abstract
The two-step test formulated by the CJEU has been an essential tool for protection of fundamental rights within the European Arrest Warrant system. In the span of 11 months, the CJEU published three landmark cases – Puig Gordi, E.D.L. and GN, in which it elaborated on the intricacies of the two-step test and protection of fundamental rights. The Court clarified that the two phases of this examination should be applied only consecutively and cumulatively and, unexpectedly, provided a new tool of protection of fundamental rights in E.D.L. This article aims to assess the potential impact of these cases on the two-step test doctrine.
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