DiKE Vorbehalt und Anerkennung. Der Europäische Haftbefehl zwischen Grundgesetz und europäischem

Despite its intrusive nature, the European Commission has elevated the European Arrest Warrant to the symbol of EU criminal justice cooperation based on the principle of mutual recognition. The price for the idea of recognition is the dismantling of traditional extradition borders such as the requirement of double criminality and the non-extradition of own nationals. Does this mean that the requirements of the European Arrest Warrant and the fundamental rights protection of the Basic Law conflict with each other? In order to answer this question, the author specifies the scope of the limitations of traditional extradition limits as well as their fundamental rights-protecting content. Thus, he arrives at a differentiated finding: the traditional extradition law with its fundamental rights dogmatic inconsistencies was not as good, the new recognition mechanism, conversely, not as far-reaching as it widely appears in the discussion. Nevertheless, the uncoordinated, cumulative dismantling of extradition limits ultimately confirms the concern about distortions contrary to fundamental rights as a consequence of the principle of mutual recognition.