Resumen de Can a judicial authority refuse to execute a european arrest warrant due to the situation of spanish prisons? – on the catalan procés
The ECJ judgment of 5 April 2016 (joined cases Aranyosi y Caldararu) admitted limitations on the principles of mutual recognition and mutual trust. The ECJ recognized these limitations in the context of inappropriate prison conditions in the issuing Member State, provided that an individualized and particular risk of breach of fundamental rights is proved. With this starting point and bearing in mind the European prison standards, this paper focuses on whether prison conditions in Spain could be an obstacle to judicial cooperation in criminal matters in the Area of Freedom, Security and Justice.
