## Facts

- Stefano Melloni, an Italian national, was convicted in absentia in Italy.
- Melloni was arrested in Spain following the issuance of a European Arrest Warrant (EAW) by Italian authorities.
- He contested his surrender to Italy, arguing that his absence from his trial violated his right to a fair trial under the Italian Constitution.
- The Spanish court referred questions to the CJEU regarding the interpretation of the EAW Framework Decision in light of the Charter of Fundamental Rights of the European Union.

## Issues

1. Whether a Member State may refuse to execute a European Arrest Warrant on the basis that its national constitutional protection of fundamental rights is higher than that required by the EAW Framework Decision and the Charter.
2. Whether national constitutional courts can disapply EU law in favor of stronger national standards for fundamental rights where the EU has exercised competence.
3. Under what circumstances Member States can derogate from EU law due to concerns about fundamental rights violations.

## Decision

- The CJEU held that the primacy of EU law precludes Member States from refusing to execute a European Arrest Warrant solely based on higher national constitutional standards.
- The Court affirmed that mutual trust among Member States necessitates the uniform application of EU law, including the Charter of Fundamental Rights.
- Exceptions permitting refusal are strictly limited to cases involving a real risk of a serious and manifest breach of fundamental rights as guaranteed by the Charter.
- The Court found existing EU legal mechanisms, including the preliminary ruling procedure and actions for annulment, sufficient to protect fundamental rights.

## Legal Principles

- The principle of supremacy of EU law means that, where the EU has exercised competence, conflicting national law, including constitutional provisions, must yield to EU law.
- National courts cannot disapply EU law in favor of higher national rights standards except in exceptional cases of a real and manifest risk of serious Charter breaches.
- Mutual trust among Member States underlies the functioning of the EAW and the broader area of freedom, security, and justice in the EU.
- The Charter of Fundamental Rights provides the benchmark for rights protection within the scope of EU law.

## Conclusion

The CJEU confirmed that the primacy of EU law prevents Member States from refusing to execute a European Arrest Warrant on the basis of higher national constitutional protections, except in rare cases of a clear, serious rights violation under the Charter, thereby safeguarding uniformity and mutual trust within the EU legal order.


Melloni v Ministero della Giustizia (Case C-399/11) [2013] ECR I-0000, ECLI:EU:C:2013:107