基本説明
The European Arrest Warrant system is an extradition system between Member States of the European Union Implemented in 2004.
Full Description
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.
Contents
The Content of A European Arrest Warrant.- Consent Procedure.- Detention.- The Dual Criminality Requirement.- Surrender of Nationals.- Locus Delicti Exceptions.- European Arrest Warrant In Practice and Ne Bis In Idem.- Statutory Limitations.- Human Rights as A Barrier to Surrender.- European Arrest Warrants — Immunities and Amnesties.- Humanitarian Concerns Within The Eaw System.- The Principle of Proportionality: Alternative Measures to The European Arrest Warrant.- Denial of Guilt.- Abuse of The European Arrest Warrant System.- Speciality Rule.- The Handing Over of Property According to Article 29 of The European Arrest Warrant Framework Decision: Legal Scope, Implementation and Alternative Regimes For Handing Over Property In The Eu Member States.- The Eaw in Practice in The United Kingdom.- Prisoner Transfer within The European Union: The European Enforcement Order and Beyond.- Extradition Between Nordic Countries, and The New Nordic Arrest Warrant.- Extradition in The United States.
