The evolution of European Union criminal law (1957-2012)

normally reintroduced into national Polish law and surrender of nationals could take
place. 784
The Czech Constitutional Court also issued the decision concerning the Czech national
legislation on the European Arrest Warrant in May 2006 where it found that such
legislation was compatible with both the Czech Charter of fundamental rights and the
penal procedural code’s sprit. 785 To be sure, this was not clear-cut and the court had to
follow a broad interpretation of the wording of national legislation. The Czech Charter
of Fundamental Rights holds that every citizen has the right to enter Czech territory
freely and that all Czech citizens have the right not to be forced to leave their homeland.
The Court stated in its ruling that such dispositions should be interpreted in order to
meet the realities of the 21 st century:
“We must not forget that people are highly mobile these days, and that there is an
increasing international cooperation and growing trust between the democratic States of
the EU, which places new demands on extradition arrangements within the context of
the union”. 786
It continued then by noting that,
“If Czech citizens benefit from the advantages of relating to the law of the EU
citizenship, it is natural that along with the disadvantages they should accept a certain
measure of responsibility…. In the opinion of the constitutional court there is no reason
to assume that the current standards of protection for fundamental rights within the EU,
through the application of the principles arising from these rights, offers a level of
protection inferior to that which is provided in the Czech Republic.” 787
784 However, as seen above, Polish law still applies dual criminality to extradition of their own
nationals and maintains as a ground for refusal to extradite the fact that a Polish national commit
a crime in Polish territory or in the territory on a third State (non requesting and non requested )
and Polish law doesn’t deem such acts as criminal.
785 Decision of the Czech Constitutional Court No. Pl. ÚS 66/04 from May 3, 2006, available at
http://www.eurowarrant.net/index.asp.
786 Para 70 of the Decision, ibid..
787 Para 71, ibid..
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