LAUSR

The implementation of the requirement of double criminality in the European Arrest Warrant Framework Decision is one of the fields where the strength of the principle of mutual recognition in criminal matters is put to the test.There are differences between the transposition modalities of the different Member States and diverse interpretations in the case law of the European Court of Justice (CJEU) regarding the need for dual criminality. These circumstances may lead to problematic situations as has recently been highlighted in the wake of the request for extradition of Mr Puigdemont to Spain from Germany.These factors are analysed in light of CJEU jurisprudence (chiefly the Grundza and Piotrowski judgments) applying Articles 2(4) and 4(1) of the EAW Framework Decision and the German transposition legislation, IRG.