THE PUBLIC PROSECUTOR'S OFFICE AS A JUDICIAL AUTHORITY FOR THE ISSUANCE OF EUROPEAN ARREST WARRANT IN THE LIGHT OF JUDGMENTS OF THE COURT OF JUSTICE OF MAY 27, 2019 IN CASE C-509/18 AND IN THE CASES C-508/18 AND C-82/19 PPU. A FINAL STEP IN ITS CONCRETION?

In these judgments of May 27, 2019, the Court of Justice develops the interpretation of the concept of "issuing judicial authority" of Article 6.1 of Framework Decision 2002/584/JHA. Thus, it proceeds to specify the conditions under which the Prosecutor's Office can have such a condition: it must participate in the administration of criminal justice in its Member State; sufficient guarantees must be given that in exercising its functions as an issuing authority it acts independently; and their decisions must be able to be subject to judicial recourse. This has important consequences in particular in Germany but in general in all those Member States that have designated the Prosecutor as "issuing judicial authority".