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Independence of the Croatian public prosecutor in EAW proceedings: effects of CJEU rulings

This article analyses the judgment in joined cases C-508/18 (Parquet de Lübeck) and C‑82/19 PPU (Parquet de Zwickau), in which the Court of Justice of the European Union interpreted the term "issuing judicial authority" within Art. 6(1) of the Framework Decision on the European Arrest Warrant. Interpreting the position of the German State Attorney's Office, CJEU concluded that it did not meet the criteria of judicial authority as the German Minister of Justice is authorized to issue to the German State Attorney’s Office directions or instructions in a specific case which situation diminishes guarantees of independence from the executive. The impact of this judgment on Croatian law is analysed, taking into account that the State Attorney’s Office is an independent judicial body according to the Constitution of the Republic of Croatia. It can be concluded that this judgment does not affect the Croatian system and there is no need to exclude the Croatian state attorneys from the concept of issuing judicial authority in the context of judicial cooperation based on the EAW since the Minister of Justice does not have the ability to influence, directly or indirectly, through directions or instructions the daily work of the State Attorney in resolving certain criminal cases.

European Arrest Warrant, judicial authority, issuing authority, Court of Justice of the European Union

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