Rectificar preguntando

El Tribunal Constitucional acude al Tribunal de Justicia (ATC 86/2011, de 9 de junio)

Abstract

The essay is a commentary of the Decision 86/2011 (“Auto”) of the Spanish Constitutional Court. The author argues that the decision to refer a question to EU Court for a preliminary ruling, for the first time in the Spanish Constitutional Court history, is a consequence of the intent to overrule a jurisprudential position concerning the European Arrest Warrant that is incompatible with the principle of mutual trust inherent to this mechanism.