Fundamental Rights and Non Discrimination

Question 1

What is the general structure of answering questions based on the European Arrest Warrant?

Answer 1

(1)Art. 1(2)–> execute EAW on the basis of Mutual Trust
(2) Primacy of EU law, despite stric. protect. under national law (Mellowi)
(3) Exceptions
-risk of inhuman or degrading treatment(Art. 4 CFR) (Aranyosi and Caldaru)
- Right to fair trial hampered (LM)

Question 2

What did the LM case conclude about fundamental rights and Non-discrimination

Answer 2

• Can undermine EAW in fuundamental rights cases but
  Two Step test
  
  1. General risk of inhuman or degrading treatment
  2. Individual risk of being exposed to HR VIOLATIONA