The framework decision 2002/584/JHA introduced the European arrest warrant, which is a judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order.

In contrast with the already known procedure of extradition, the EAW is based on the so-called "cornerstone" principle, the one of "mutual recognition". The next paragraph of the same article, ie Article 1, stipulates that the named act of the EU shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 TEU.

The article 6 TEU states that:

1. The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg, on 12 December 2007, which shall have the same legal value as the Treaties.

The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties.

The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the Charter governing its interpretation and application and with due regard to the explanations referred to in the Charter, that set out the sources of those provisions.

2. The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union's competences as defined in the Treaties.

3. Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law.

The provisions of the EU Charter are addressed primarily to the EU institutions and secondarily, ie in relation to implementation of EU law, to the Member States imposing the respect of the rights, observation of the principles and promotion of a conform application in accordance with their respective powers. (Art 51(1) Charter)

Article 52(3) of the Charter states:

In so far as this Charter contains rights which correspond to rights guaranteed by the Convention

for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection.

The control of the legality is of course not only the concern of the judiciary, but also of the legislative, therefore once the Framework Decision has been passed, the possibility to invoke the invalidity of a specific provision in an individual situation is not a very promising one. Can we actually observe a clash between the principle of legality and the one of mutual recognition in the jurisprudence related to the application of the Framework Decision 2002/584/JHA?