The ‘Flagship’ Mutual Recognition Instrument: The European Arrest Warrant and Trust Issues

2020 ◽  
Keyword(s):  
Mutual Recognition ◽  
Arrest Warrant ◽  
European Arrest Warrant

Hard Way from Extradition to European Arrest Warrant

2010 ◽  
pp. 22-31
Author(s):  
O. Potyomkina
Keyword(s):  
Mutual Recognition ◽  
Criminal Cases ◽  
Judicial Cooperation ◽  
Arrest Warrant ◽  
Freedom Of Movement ◽  
Existing Problems ◽  
Judicial Decisions ◽  
European Arrest Warrant ◽  
National Boundaries ◽  
The Eu

The article is referred to a hard way of the European Arrest Warrant adoption, which became the first tool in the field of judicial cooperation on criminal cases having embodied the judicial decisions mutual recognition principle. The foundation of a single European Arrest Warrant with due regard to all existing problems of its appliance is a significant breakthrough in the EU states cooperation, given that it forces them to rely on each other's legislation. The European Warrant was designed to efface national boundaries in the sphere of court cooperation, to establish a "freedom of movement" and a single market of judicial decisions.

scholarly journals THE FUTURE OF EUROPEAN ARREST WARRANT IN LIGHT OF DECISION THE EUROPEAN COURT OF JUSTICE IN THE CASE ARANYOSI AND CALDARARU

TEME ◽  
2019 ◽  
pp. 631
Author(s):  
Aleksandar Mićo Bošković ◽  
Tomislav Trajković ◽  
Gordana Nikolić
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
European Court Of Justice ◽  
The European Union ◽  
Judicial Cooperation ◽  
Dominant Form ◽  
Arrest Warrant ◽  
Court Of Justice ◽  
European Court ◽  
European Arrest Warrant

For a long time, extradition has been a dominant form of international mutual legal assistance, but in many cases it has proven to be an insufficiently efficient instrument. Having that in mind, on the territory of the European Union, a European arrest warrant has been established as an institute that should contribute to the effectiveness of combating modern crime and facilitate the surrender of persons between member states in order to effectively prevent the escape of suspects or convicted persons. Regarding this, the Article will first give a brief overview of the Council of the European Union Framework Decision, which regulates the European arrest warrant, and will analyze it in order to define the strengths and weaknesses of the task itself. The subject of research in this article is primarily devoted to the analysis of the judgment of the European Court of Justice in the “Aranyosi and Caldararu” case. With this verdict, the European Court of Justice, derogates some of the key principles that order is based on and special attention is devoted to the devaluation of the principles of mutual trust and the principles of mutual recognition of judicial decisions among EU states, which the Council of the European Union considers as the cornerstone of judicial cooperation.

Wpływ Brexitu na współpracę sądową w sprawach karnych w Unii Europejskiej

2020 ◽  
pp. 35-56
Author(s):  
Anastazja Gajda
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Mutual Recognition ◽  
The European Union ◽  
Judicial Cooperation ◽  
Arrest Warrant ◽  
Unique Position ◽  
The United Kingdom ◽  
European Arrest Warrant ◽  
Criminal Matters

The withdrawal of the United Kingdom from the European Union is one of the main challenges for the continued functioning of the European judicial area in criminal matters. In this article, special attention will be paid to selected aspects of ensuring further judicial cooperation in criminal matters after Brexit. This primarily concerns the possibility of further participation of the United Kingdom in specific organs supporting this cooperation (Eurojust and Europol) and the the application of legal instruments implementing the principle of mutual recognition of judgments, with reference to the flagship legal instrument, i.e. the European arrest warrant. It also presents a unique position of the United Kingdom in the Area of Freedom Security and Justice EU, which that state is guaranteed under the provisions of Treaties.

scholarly journals The Perils of the ‘Europeanisation’ of Extradition Procedures in the EU Mutuality, Fundamental Rights and Constitutional Guarantees

2007 ◽  
Vol 14 (2) ◽  
pp. 179-200
Author(s):  
Theodore Konstadinides
Keyword(s):  
Mutual Recognition ◽  
Civil Liberties ◽  
Fundamental Rights ◽  
The European Union ◽  
Constitutional Treaty ◽  
Judicial Cooperation ◽  
Current Application ◽  
Arrest Warrant ◽  
European Arrest Warrant ◽  
The Eu

This article focuses on the main problems regarding the current application of EU extradition procedures in relation to the area of judicial cooperation in criminal matters. It introduces the ‘Europeanisation’ of extradition procedures through a discussion based on the continuity of the principle of mutual recognition from the EC Treaties to the EU Constitutional Treaty. The latest manifestation of this continuity is the introduction of the European Arrest Warrant (adopted on 13 June 2002) that is aimed at simplifying the extradition procedures for suspected criminals within the territory of the European Union by creating a positive list of criminal areas. The author discusses the innovations introduced by the Framework Decision on the European Arrest Warrant (abolition of the test of dual criminality) and then focuses on two main problem areas based on the reaction of certain Member States: i) the compatibility with constitutional guarantees, where the author focuses on the eagerness of the national courts to contest the constitutionality of the EU Arrest Warrant implementation laws for authorising the extradition of their own nationals; ii) the compatibility with Human Rights, where the author argues that the principle of mutual recognition is not adequate for adjudicating interstate criminal cases when it operates in isolation. The article then focuses upon the balance between procedural efficiency and civil liberties and proposes certain procedural and institutional checks that would assist in moving from the current embryonic stage of EU criminal law to its adolescence.

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