Challenges to the compliance of secondary legislation with primary law are also a permanent feature in the EU landscape. It is notable that EU Criminal Law is not an exception in this respect. This has been particularly the case with the EAW Framework Decision, which, since its entry into force, has been exposed to several challenges to its legality at the EU level and also, qua domestic implementing provisions, in national courts. To discuss them all would exceed the limits of this chapter; hence the analysis that follows focuses on two landmark judgments of the Court of Justice, in which the legality of the EAW Framework Decision was assessed.
As is well documented in the academic literature, this particular act was adopted with the speed of supersonic Concorde in the wake of terrorist attacks in New York and Washington. It is not a secret that the contents of this Framework Decision, although developed under the umbrella of Area of Freedom, Security and Justice, do not exactly reflect all three objectives. Alas, for the EU legislator the centre of gravity had to be on security, while neither freedom nor justice received the attention they deserve. For the decision-makers, this was not a time for balancing acts but rather for a rapid reaction to external and internal security threats at the time of ‘War on Terror’.
(Stepping into Uncharted Waters No More: The Court of Justice and EU Criminal Law în The needed balances in EU Criminal Law: past present and future, Hart Publishing, 2018, la p. 127)