Inconsistencias: la sentencia del Tribunal Constitucional alemán de 18 de Julio de 2005 sobre la orden europea de detención y entrega

By a spectacular judgment of 18 July 2005, the German Federal Constitutional Court declared the German statute implementing the Framework Decision on the European arrest warrant unconstitutional. It found that the statute did not sufficiently ensure the right of a German citizen not to be surrendered in case the relevant offence had been committed in Germany. Little importance is attached by the Court to Art. 23 of the Basic Law, which proclaims the readiness of Germany to contribute to the establishment of the European Union. Cooperation in matters of criminal law is encompassed by that pledge, a fact which the Court overlooks or underrates. The Court also errs in requesting a review of governmental decisions to grant surrender. According to the Framework Decision, which on its parts invites serious criticism on account of its list of offences where the principle of double criminality is excluded, surrender to another member State of the European Union is to be handled exclusively by a judicial body, no room being left for discretionary political decisions. On the whole, to strike down the statute in its entirety would appear to be a judicial response not justified in the circumstances of the case. INCONSISTENCIAS: LA SENTENCIA DEL TRIBUNAL CONSTITUCIONAL ALEMÁN... 271 59 BVerfG, 2 BvR 2236/04 de 24.11.2004.