If You Are a Judicial Authority and You Know It, Raise Your Hands – Case Note on C-452/16 PPU, Poltorak, C-453/16 PPU, Özçelik, C-477/16 PPU, Kovalkovas

Since it entered into force, Framework Decision 2002/584/JHA on the European Arrest Warrant has given rise to a number of interpretative issues that have been referred to the European Court of Justice through the preliminary reference procedure. This case note provides an analysis of the most recent conundrum, which concerned the meaning of the words 'issuing judicial authority' under Article 6(1) of said Framework Decision. In three judgements at the end of last year, the Court held that this is an autonomous expression of EU law and clarified what circumstances one has to take into account in order to assess whether a national authority issuing a European Arrest Warrant may be regarded as a judicial authority. Thus, the case note presents the Court's reasoning and compares it to what the same Court has constantly ruled with regard to the judicial nature of courts and tribunals of the Member States that are either entitled or obliged to raise a reference to the European Court of Justice under Article 267 TFEU.