The Judicialisation Of The European Arrest Warrant
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The Judicialisation Of The European Arrest Warrant
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Author : Petra Bárd
language : en
Publisher:
Release Date : 2023
The Judicialisation Of The European Arrest Warrant written by Petra Bárd and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
The European arrest warrant (EAW) enables the suspects of criminal offences to be prosecuted and facilitates the execution of criminal sentences and custodial orders across the European Union. The Framework Decision (FD) on the EAW placed from its very inception a strong emphasis on security and fighting impunity by facilitating, simplifying and accelerating extradition among EU Member States’ criminal justice authorities.The EAW was designed to function on the basis of mutual and quasi-automatic recognition of foreign criminal justice decisions in the area of surrender. An almost unconditional trust is awarded to the authorities of the issuing State to systematise a presumption of legality, proportionality, and overall appropriateness of their decisions. Speed, however, is often at the expense of the principles of fair trial and rule of law. In the almost 20 years that have passed since the entry into force of the FD EAW in 2004, it has become clear that the choice of anchoring the EAW functioning on a requirement of mutual trust between EU Member States’ judicial authorities has generated far-reaching constitutional and legal challenges and tensions.This Report analyses how key questions and concerns raised by national judicial authorities on EAW-related matters have been addressed by the Court of Justice of the European Union (CJEU). Issues addressed range from the limits of mutual trust in EAW proceedings; the conditions for issuing a EAWs; the ways and extents to which a Member State may monitor their peers’ respect of EU fundamental rights and the rule of law before executing an EAW; and the conditions for putting on hold or refusing surrenders. The Report also offers a critical assessment of the CJEU’s case-law covering state capture, judicial independence and more generally the role of fundamental rights and the rule of law as preconditions for mutual trust in criminal justice mutual recognition instruments. This is combined with a critical appraisal of the scope and effectiveness of other EU institutions’, especially the European Commission’s responses to state capture and its current rule of law toolbox of instruments. It is argued that EU responses have been largely insufficient, even though the EU possesses enough tools to respond to systematic rule of law risks and threats in the Member States. TheReport offers some remedies to the tension between the decline of democracies and the rule of law in some Member States, as well as its repercussions in the functioning of mutual recognition instruments in the Areas of Freedom, Security and Justice, such as the FD EAW. More specifically, it comes up with suggestions as to how to resolve or ease the EU’s rule of law challenge in the framework and beyond the FD EAW with the involvement of all EU institutions.
European Arrest Warrant
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Author : Libor Klimek
language : en
Publisher: Springer
Release Date : 2014-09-23
European Arrest Warrant written by Libor Klimek and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-23 with Law categories.
This book examines the European arrest warrant as a successful and effective instrument for judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding the European arrest warrant. The book analyses its genesis, main features, surrender procedure, case law, implementation and the latest developments. Instead of focusing solely on a criminal law approach, it also considers the subject from the perspective of European Union law and constitutional law.
The European Arrest Warrant In Practice
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Author : Nico Keijzer
language : en
Publisher: T.M.C. Asser Press
Release Date : 2009
The European Arrest Warrant In Practice written by Nico Keijzer and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
Under the European Arrest Warrant (EAW) system, Member States of the European Union are under the obligation to arrest and surrender individuals upon the request of judicial authorities of other Member States. In doing this, it is important that human rights are respected and that there is room for national peculiarities. Awareness of what unites the Member States as well as respect for what makes them different, are prerequisites for a fruitful cooperation. This book will be a useful tool for those involved as practitioners in cooperating under the EAW scheme, e.g. judicial authorities, judges, and counsel representing and advising those who are subject to surrender. Moreover, it will evoke academic interest for its information on EAW practice. The reader will find comments on the various stages of the surrender procedure in a chronological order, starting with the content of the European Arrest Warrant, continuing with the refusal grounds, and ending with the consequences of surrender. The scope of the book goes beyond the frontiers of the European Union. Two chapters deal with other (regional) extradition systems: the one of the Nordic countries and the one of the United States. Nico Keijzer is a former justice in the Supreme Court of the Netherlands, and emiritus Professor of international criminal law at Tilburg University, the Netherlands. Elies van Sliedregt is Professor of criminal law at the VU University in Amsterdam, the Netherlands.
The European Arrest Warrant And In Absentia Judgments
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Author : BRODERSON
language : en
Publisher:
Release Date : 2020-01-30
The European Arrest Warrant And In Absentia Judgments written by BRODERSON and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-30 with categories.
Handbook On The European Arrest Warrant
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Author : Rob Blekxtoon
language : en
Publisher: T.M.C. Asser Press
Release Date : 2005
Handbook On The European Arrest Warrant written by Rob Blekxtoon and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
With a Preface by António Vitorino, Member of the European Commission responsible for Justice and Home Affairs. On 13 June 2002 the Framework Decision on the European Arrest Warrant and Surrender Procedures between Members States of the European Union (EAW) was adopted by the Council of the European Union. The Framework Decision is to be implemented by all current and future members of the European Union in their respective legal systems. The new surrender regime replaces the system of extradition between the Member States. The present Handbook offers an introduction to the EAW, its origin and its implications. The book sets out on the history of extradition as a legal system and compares the EAW with the old system. It includes the full text of the EAW with commentaries per paragraph. Attention is paid to procedural rules as well as to special issues, such as the principles of reciprocity and mutual trust, ne bis in idem, verdicts in absentia and the double criminality rule. The relation of the EAW with other relevant legal instruments, including those concerning human rights and procedural safeguards, is also covered. A keyword index enhances the accessibility of the book. The Handbook on the European Arrest Warrant is written by legal experts – practitioners and academics – for government officials, judges and public prosecutors, legal practitioners, academics and everyone else involved in the implementation of the EAW on the national level. Judge Rob Blekxtoon was Presiding Judge of the Extradition Division of the Amsterdam District Court for more than eighteen years and was charged with establishing the Surrender Division of that Court, which is designated to handle all surrender cases in the Netherlands.
Still Not Resolved
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Author : Elspeth Guild
language : en
Publisher:
Release Date : 2009
Still Not Resolved written by Elspeth Guild and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Arrest categories.
This book is essential reading for anyone interested in the issues arising from the EU's European Arrest Warrant, its 'flagship' instrument implementing the principle of mutual recognition in criminal law, as it examines in depth the basic principles and institutional context of the European Arrest Warrant, as well as its often-troubled implementation into MemberStates' national law. Steve Peers, Professor, School of Law, University of Essex The book is also recommended to those interested in the development of the law and politics of EU criminal justice and its relationship with EU and national constitutional law. Dr Valsamis Mitsilegas, Reader in Law, Queen Mary, University of London This book is an important addition to the growing literature on the European Arrest Warrant. It contains detailed and insightful contributions by key experts in the field, coming from academia, EU policy and legal practice. The book contains a number of valuable, up-to-date chapters on the implementation of the European Arrest Warrant Framework Decision in Member States. In this context, it is essential reading for both academics and practitioners dealing with the constitutional implications of the European Arrest Warrant in particular and mutual recognition in criminal matters in the EU more generally
Handbook On The European Arrest Warrant
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Author : Rob Blekxtoon
language : en
Publisher: T.M.C. Asser Press
Release Date : 2004-11-25
Handbook On The European Arrest Warrant written by Rob Blekxtoon and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11-25 with Law categories.
On 13 June 2002 the Framework Decision on the European Arrest Warrant and Surrender Procedures between Member States of the European Union (EAW) was adopted by the Council of the European Union. The Framework Decision must be implemented by all current and future members of the European Union in their respective legal systems. This handbook offers an introduction to the EAW, its origin and its implications. It sets out the history of extradition as a legal system and compares the EAW with the old system. It includes the full text of the EAW with commentaries per paragraph. Attention is paid to procedural rules as well as to special issues, such as the principles of reciprocity and mutual trust, ne bis in idem, verdicts in absentia and the double criminality rule. The relation of EAW with other relevant legal instruments, including those concerning human rights and procedural safeguards, is also covered.
The European Arrest Warrant In Ireland
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Author : Remy Farrell
language : en
Publisher:
Release Date : 2011-01
The European Arrest Warrant In Ireland written by Remy Farrell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01 with Law categories.
This book examines in detail, the practice and procedure surrounding the European arrest warrant and its application in Ireland. Surrender under the European Arrest Warrant Act, 2003 has replaced extradition under Parts II and III of the Extradition Act, 1965 as the principal mode of extradition in Europe. The 2003 Act has been operational since 2004 and there are now in excess of 100 written decisions in relation to its operation. A significant number of decisions have finally made the way to the Supreme Court as a result of which many issues can now be regarded as reasonably well settled law for the first time. In addition, there have been a number of recent decisions from the European Court of Justice in relation to the manner in which the Framework Decision ought to be approached by domestic courts in construing domestic legislation. The number of applications under the 2003 Act has roughly doubled each year and is likely to continue to increase as EU Member States attempt to implement the new procedures in place.
Constitutional Challenges To The European Arrest Warrant
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Author : Elspeth Guild
language : en
Publisher:
Release Date : 2006
Constitutional Challenges To The European Arrest Warrant written by Elspeth Guild and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Arrest categories.
Recoge: 1. The european arrest warrant - 2. Analyses of the judgments - 3. Reflections from two 'user' member states - 4. Beyond the member states-the perspectives.
The Implementation Of The European Arrest Warrant In The European Union
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Author : Massimo Fichera
language : en
Publisher:
Release Date : 2011
The Implementation Of The European Arrest Warrant In The European Union written by Massimo Fichera and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Arrest categories.
This book provides a critical analysis of the principle of mutual recognition of judicial decisions in criminal matters in the European Union through a detailed assessment of its most prominent instrument, the European Arrest Warrant (EAW). It conceptualizes and contextualizes the lack of clear vision in the building up of the area of freedom, security, and justice from an EU constitutional law, as well as a comparative and international criminal law standpoint. The EAW is considered both as a test for all the other measures which have been adopted or will be adopted as part of the mutual recognition agenda, and as an evolution of classic extradition. On the one hand, its significance is viewed from the perspective of both EU law and international law, by highlighting the structural deficiencies of the former Third Pillar and the need to remedy them. On the other hand, its impact is verified not only in the context of European cooperation in criminal matters, but also in light of the more general question of the identity of the EU as a polity, as well as the nature and implications of EU integration after the entry into force of the Treaty of Lisbon. In particular, the book revolves around four main issues: 1) the need to substantially re-define the concept of mutual recognition; 2) the extent to which the new mechanism of the EAW effectively operates within a non-harmonized landscape; 3) the exact nature and scope of mutual trust, as a notion that underpins the principle of mutual recognition in European criminal law; and 4) the tension between the need to enhance the law enforcement aspects of EU cooperation and the urge to build up a common framework of procedural rights. An overview of the implementation of the EAW in the UK and Italy, as examples of a common law and a civil law jurisdiction, is also offered.