Note on the Reference in Case C-399/11 Melloni

Abstract

In this article, Alex Tinsley, Strategic Caseworker at Fair Trials International, reviews the current arrangements under which the Court of Justice of the European Union interprets third pillar measures such as the European Arrest Warrant Framework Decision. The article then considers the reference from the Tribunal Constitucional in Case C-399/11 Melloni concerning the provisions of the European Arrest Warrant Framework Decision on extradition for the purposes of serving a sentence based on an ‘in absentia’ conviction. It asks whether, at least in this area, the Charter of Fundamental Rights represents a uniform standard of fundamental rights protection, excluding the application of more extensive protections under national constitutional traditions.