In its judgment of 18 July 2005, the Second Senate of the Federal Constitutional Court (FCC) declared the European Arrest Warrant Act (Europäisches Haftbefehlsgesetz – hereafter called the EAWA) of 21 July 2004 unconstitutional and void.
However, the result of total nullity of the EAWA, as well as certain points of the Court's reasoning were not undisputed within the senate, which becomes obvious with the dissenting opinions of the judges Broß, Lübbe-Wolff and Gerhardt. Beyond these judges, the ruling faced scholars’ criticism as well.