Type: Judgment

Authority: National Courts: Merit's Courts (France) - Corte di Appello di Pau

Date: 05/11/2007

Subject: European warrant and inquiry as security for basic rights coverage. Whereas on the one hand European warrant has its own reason of existence (raison d’etre) in the mutual aid between Member States, on the other hand it is also based on assumption about compliance of the decision with human rights principles of coverage –such as in the main resolution by 13/06/2002- so it is needed verifying that they are complied by decision.

Parties: Le Ministere Public / Sagarzazu Oyarzabal Marcos

Original language: French

Classification: Freedoms - Art. 6 Personal liberty - Personal security - Justice - Art. 47 Right to an effective remedy before a tribunal - Art. 48 Presumption of innocence - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Proportionality of penalties

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