Full Description
The ImprovEAW-project concerns European Arrest Warrant proceedings in seven Member States (Belgium, Greece, Hungary, Ireland, the Netherlands, Poland and Romania). Maastricht Law Series No. 23 contains the country reports for Greece, the Netherlands and Poland. ImprovEAW is a follow up to an earlier project that focused on In Absentia Judgments (Maastricht Law Series No. 12). This book looks at various other aspects of the EAW surrender procedure that are problematic in practice, such as the information to be provided in the European arrest warrant, the status of the issuing authority and differences in implementation in the Member States. It also goes more into detail as it aims to present an alternative to the European Commission's outdated Handbook on how to issue and execute a European arrest warrant. This study ends with a proposal to create a procedure that complies with the demands of a dual level of protection, which takes place after arrest of the requested person in the executing Member State. The present research report is completed with a hands-on set of Common Practical Guidelines on issuing and executing EAWs for practitioners.
Contents
1 Introduction; 1.1 The ImprovEAW project; 1.2 Genesis of the report; 1.3 Brief outline of the report; 2 Transposition and implementation of the Framework Decision; 2.1 Introduction; 2.2 Infringement procedures; 2.3 Grounds for refusal and guarantees; 2.4 Human rights concerns and detention conditions: the two-step test; 2.5 Issuing an EAW; 2.6 Executing an EAW; 2.7 Central authorities; 2.8 Language requirements; 2.9 Conditional surrender; 2.10 Recommendations; 3 The EAW-form; 3.1 Introduction; 3.2 Section (a) of the EAW-form; 3.3 Section (b) of the EAW-form; 3.4 Section (c) of the EAW-form; 3.5 Section (d) of the EAW; 3.6 Section (e); 3.7 Section (f) of the EAW-form; 3.8 Section (g) of the EAW-form; 3.9 Section (h) of the EAW-form; 3.10 Section (i) of the EAW-form; 4 Problems not directly related to the EAW-form; 4.1 Introduction; 4.2 Supplementary information - Art. 15(2)-(3) of FD 2002/584/JHA; 4.3 Detention conditions and deficiencies in the system of justice; 4.4 Guarantee of return - Art. 5(3) of FD 2002/584/JHA; 4.5 Time limits - Art. 17 of FD 2002/584/JHA; 4.6 Recommendations; 4.7 New structures of cooperation in criminal matters with and within the EU; 4.8 Speciality rule; 5 Synthesis; 5.1 Introduction; 5.2 The legal framework; 5.3 Organisation and communication; 5.4 Supplementary information and mutual trust; 5.5 The Handbook (a window of opportunity); 5.6 COVID-19; 6 An Integrative Approach to Decisions and a Coordinated Application of Legal Instruments; 6.1 Introduction; 6.2 Starting point; 6.3 Debating the need for a national arrest warrant and the need for an EAW; 6.4 Where to hear the requested person and by whom?; 6.5 Final stage: the executing authority assessing the EAW; 6.6 Recommendations to the European Union; Annex I: Recommendations per chapter; Annex II: Common Practical Guidelines; Annex III: Questionnaire Improving Mutual Recognition of European Arrest Warrants through Common Practical Guidelines; Biographical notes
