Suchergebnisse

Introduction -- Setting the scene -- The legality principle: its link to the EAW, jurisdiction and forum choices -- The FDEAW: safeguards against unforeseeable jurisdiction claims and the risk of arbitrary forum decisions? -- The Dutch legal order: the views on the two complications and their link to the EAW -- The German legal order: the views on the two complications and their link to the EAW -- The legal order of England and Wales: the views on the two complications and their link to the EAW -- The syntheses: to what extent is a triangular link between the EAW, the legality principle and the risk of unforeseeable jurisdiction claims and arbitrary forum choices recognised on the EU and national level? -- The intergovernmental perspective: an explanation for the state-focused interpretation of the legality principle and lack of attention for the problems with which EU citizens can be confronted -- Does the intergovernmental shoe still fit? The rise of an alternative perspective: transnational cooperation in a shared legal order -- A transnational legality principle and its possible effect on the EAW -- EU citizenship as a vehicle towards a transnational legality principle: two possible narratives -- Conclusions and recommendations.