A Bridge over Troubled Water – a Criminal Lawyers’ Response to Taricco II
The recent CJEU judgment in M.A.S., M.B. (hereinafter Taricco II) raises more questions than it answers on when Member States can apply higher standards of rights in criminal proceedings. Previous case law, i.e. Taricco I and Melloni, pervaded the primacy of EU law, but from Jeremy F. we also know that Member States enjoy a margin of discretion to apply their own standards of fundamental rights protection, where the rules at stake – an appeal suspending the execution of a European arrest warrant – have not been harmonised by EU law. In Jeremy F., it concerned a limited discretion; Member ... continue reading
