Legalność i konsekwencje udzielenia przez Węgry azylu Marcinowi Romanowskiemu z punktu widzenia prawa Unii Europejskiej i wystawienia europejskiego nakazu aresztowania
The legality and consequences of Hungary granting asylum to Marcin Romanowski from the perspective of European Union law and issuing a European Arrest Warrant

Summary/Abstract: The article is based on the case of the former vice-minister of justice Marcin Romanowski, against whom a Polish court delivered the European Arrest Warrant, but at the same time Hungary granted him asylum, what raises doubts as to whether the warrant will be effectuated. The grounds for refusal to execute the EAW are enumerated in the framework decision no 2002/584/JHA, as well as they have been clarified by the CJEU. The article analyses these grounds, above all the alleged deficiencies in M. Romanowski’s right to a fair trial and right to effective judicial remedy, as enshrined in art. 47 of the EU Charter of Fundamental Rights and art. 19 (1)(2) TEU. The study has shown that in the case of Poland this ground for refusal is not justified and the Hungarian court should order the transfer of M. Romanowski to Poland. Next the article focuses on the legal consequences of the refusal to execute the EAW. To avoid violations of the EU law the Hungarian court should ask the CJEU a preliminary question concerning the relation between the warrant and asylum. If the court desists and refuses, it would violate art. 267 TFEU, the principle of sincere cooperation, the principle of mutual trust and the principle of mutual recognition, what would lead to Hungary’s responsibility on the basis of art. 258 and art. 259 TFEU.

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