Thus, the absence of a free-standing

[chandonar0]

Yet, it was precisely this argument that allowed to hold Belgium responsible in the case of Romeo Castaño, where the violation of article 2 was not linked to a free-standing obligation to investigate, but merely to the existence of a ‘jurisdictional link’ (i.e. the EAW issued pursuant to the Framework Decision) capable of triggering the obligation to cooperate.

obligation to investigate under article 2 of the phone number library Convention upon Belgium distinguishes Romeo Castaño from the previous transnational cases adjudicated by the Court (e.g. Güzelyurtlu and Others; Aliyeva and Aliyev), while the request of legal assistance under the Framework Decision on the EAW differentiates the case from those in which such a jurisdictional link could not be established (e.g. Rantsev; Cummins and Others v the United Kingdom (2005) and Emin and Others v Cyprys and Others (2010)).

It was the combination between these factors that allowed the Court to adjudicate (and sanction for the first time) the failure of the Belgian authorities to fulfil their positive, procedural obligation to cooperate under article 2 of the Convention.