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Journal articles on the topic 'European arrest warrant'

Author: Grafiati

Published: 4 June 2021

Last updated: 13 April 2024

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1

Spencer, John R. "The European Arrest Warrant." Cambridge Yearbook of European Legal Studies 6 (2004): 201–17. http://dx.doi.org/10.5235/152888712802759421.

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In broad terms, there are two approaches to returning suspects and convicted persons to the other countries where they are wanted, and would prefer for obvious reasons not to go.One is what is called in the common law world ‘the backing of warrants’. Here, the authorities of the jurisdiction where the person is wanted issue their normal warrant of arrest, which is sent directly to the authorities of the jurisdiction where he is, who endorse it if it appears to be in order, and give it to their policemen to execute it as if it were their own. The suspect is then ‘lifted’, and handed over to the authorities of the country where he is wanted with the minimum of fuss—the unspoken premise being that the authorities of the requesting jurisdiction normally act lawfully and reasonably, and their arrest warrants can be taken at face value and acted upon unless a strong reason to the contrary can be given.

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2

Vojislav, Djurdjic. "The European arrest warrant." Zbornik radova Pravnog fakulteta, Novi Sad 46, no. 1 (2012): 21–37. http://dx.doi.org/10.5937/zrpfns46-2010.

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3

Russell, Jago, and Alex Tinsley. "The European arrest warrant." Criminal Justice Matters 92, no. 1 (June 2013): 10–11. http://dx.doi.org/10.1080/09627251.2013.805364.

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4

Spencer, John R. "The European Arrest Warrant." Cambridge Yearbook of European Legal Studies 6 (2004): 201–17. http://dx.doi.org/10.1017/s1528887000003633.

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In broad terms, there are two approaches to returning suspects and convicted persons to the other countries where they are wanted, and would prefer for obvious reasons not to go. One is what is called in the common law world ‘the backing of warrants’. Here, the authorities of the jurisdiction where the person is wanted issue their normal warrant of arrest, which is sent directly to the authorities of the jurisdiction where he is, who endorse it if it appears to be in order, and give it to their policemen to execute it as if it were their own. The suspect is then ‘lifted’, and handed over to the authorities of the country where he is wanted with the minimum of fuss—the unspoken premise being that the authorities of the requesting jurisdiction normally act lawfully and reasonably, and their arrest warrants can be taken at face value and acted upon unless a strong reason to the contrary can be given.

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5

Vierucci, L. "The European Arrest Warrant." Journal of International Criminal Justice 2, no. 1 (March 1, 2004): 275–85. http://dx.doi.org/10.1093/jicj/2.1.275.

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6

Blackstock, Jodie. "The European Arrest Warrant." New Journal of European Criminal Law 1, no. 1 (March 2010): 16–30. http://dx.doi.org/10.1177/203228441000100103.

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7

van der Mei, Anne Pieter. "The European Arrest Warrant system." Maastricht Journal of European and Comparative Law 24, no. 6 (December 2017): 882–904. http://dx.doi.org/10.1177/1023263x17745804.

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8

Nino, Michele. "European Arrest Warrant; Preventive Detention." Journal of Criminal Law 71, no. 6 (December 2007): 501–5. http://dx.doi.org/10.1350/jcla.2007.71.6.501.

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9

Čvorović, Dragana, and Hrvoje Filipović. "Implementation of the European Arrest Warrant." Strani pravni zivot, no. 1 (2022): 97–116. http://dx.doi.org/10.5937/spz66-34190.

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The paper analyses the European Arrest Warrant which is based on the principle of mutual recognition and the principle of effective cooperation, which represent the foundations of judicial cooperation in criminal legal matters. The authors analyse whether there are obstacles to mutual recognition of decisions and how effective cooperation is when it comes to the European Arrest Warrant. The paper includes the conducted research regarding appeals against the European Arrest Warrant addressed to the Supreme Court and the High Criminal Court of the Republic of Croatia. The aim is to use a random sample to determine which criminal offenses are most often the subject of the European Arrest Warrant, as well as the number of rejections or acceptance of appeals against the European Arrest Warrant. In particular, by using the case study method, cases were analysed in which the appeal was accepted, i.e., to determine the shortcomings of the first instance courts in making decisions. According to the available data, an analysis was performed on the number of issued and executed warrants for individual countries from 2014 to 2018, which shows the functionality of the implementation.

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10

Mathisen, Gjermund. "Nordic Cooperation and the European Arrest Warrant: Intra-Nordic Extradition, the Nordic Arrest Warrant and Beyond." Nordic Journal of International Law 79, no. 1 (2010): 1–33. http://dx.doi.org/10.1163/157181009x12581245929569.

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AbstractFor almost half a century, the Nordic countries have had a particular system of regional extradition. That system inspired and influenced the development of the European Arrest Warrant scheme at the turn of the millennium. Now, with the former Nordic system being replaced by a “Nordic Arrest Warrant”, the Nordic countries have in turn been inspired and influenced by the European Arrest Warrant scheme. In the future, it may be that the Nordic Arrest Warrant will inspire and influence further developments of the European Arrest Warrant scheme. The present article attempts an analysis of past and future interaction between developments on the Nordic level and the European Union level in this field.

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11

Plachta, Michael. "European Arrest Warrant: Revolution in Extradition?" European Journal of Crime, Criminal Law and Criminal Justice 11, no. 2 (2003): 178–94. http://dx.doi.org/10.1163/157181703322604776.

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12

Nohlen, N. "Germany: The European Arrest Warrant case." International Journal of Constitutional Law 6, no. 1 (December 20, 2007): 153–61. http://dx.doi.org/10.1093/icon/mom041.

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13

Gibbins, Brian. "The european arrest warrant — championship contender?" ERA Forum 4, no. 4 (December 2003): 38–46. http://dx.doi.org/10.1007/s12027-003-0027-9.

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14

Fennelly, Nial. "The European Arrest Warrant: Recent Developments." ERA Forum 8, no. 4 (November 6, 2007): 519–34. http://dx.doi.org/10.1007/s12027-007-0034-3.

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15

van Sliedregt, Elies. "The European Arrest Warrant: Between Trust, Democracy and the Rule of Law: Introduction. The European Arrest Warrant: Extradition in Transition." European Constitutional Law Review 3, no. 2 (June 2007): 244–52. http://dx.doi.org/10.1017/s1574019607002441.

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The Framework Decision to establish the European Arrest Warrant (EAW) entered into force on 1 January 2004. Since the adoption of the Italian law on 22 April 2005 transposing the Decision, it has been operational throughout the European Union. In its evaluation report of January 2006, the European Commission welcomes the arrest warrant as an ‘overall success’, as it provides for an effective and swift surrender procedure whilst guaranteeing judicial control and the observation of fundamental rights. National evaluation reports, such as the 30th report of the House of Lords Select Committee on the European Union, show that the arrest warrant is widely used to secure the arrest and surrender across the Union. The European Arrest Warrant seems to have largely taken over traditional extradition procedures.

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16

Mansell, Daniel. "The European Arrest Warrant and Defence Rights." European Criminal Law Review 2, no. 1 (March 1, 2012): 36–46. http://dx.doi.org/10.5235/219174412800149944.

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17

Reinbacher, Tobias, and Mattias Wendel. "The Bundesverfassungsgericht's European Arrest Warrant II Decision." Maastricht Journal of European and Comparative Law 23, no. 4 (August 2016): 702–13. http://dx.doi.org/10.1177/1023263x1602300407.

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18

Schallmoser, Nina Marlene. "The European Arrest Warrant and Fundamental Rights." European Journal of Crime, Criminal Law and Criminal Justice 22, no. 2 (April 11, 2014): 135–65. http://dx.doi.org/10.1163/15718174-22022044.

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The following article is a short summary of the author’s PhD thesis (N.M. Schallmoser, Europäischer Haftbefehl und Grundrechte. Risiken der Verletzung von Grundrechten durch den EU-Rahmenbeschluss im Lichte der EMRK (Manz‘sche Verlags- und Universitätsbuchhandlung, Vienna, 2012), hereafter Schallmoser (2012)). The framework decision on the European arrest warrant and the surrender procedures between EU member states established a new and uniform system of surrender within the EU. Nevertheless, there is no fundamental rights clause that makes it possible to refuse surrender for reasons of fundamental rights and hardly any fundamental rights guarantees of the accused person are ensured in this framework decision. This is — besides the principle of mutual recognition — the consequence of the currently practiced concept of “division of labour” in fundamental rights matters within the EU, according to which the EU legislator only has to omit, but not to prevent fundamental rights infringements through legislation, and therefore waives establishing such fundamental rights guarantees. The consequences are different risks of the accused person to become a victim of violations of fundamental rights during an internationally labour-divided criminal proceeding. A “risk” in this regard is defined as the substantial likelihood that interference in a person’s fundamental rights leads to a violation or an aggravation of a violation that has already occurred. The present article declares the European legislator as the responsible authority for minimizing such risks. This obligation can be derived from the autonomous and independent commitment of the EU to the Convention for the Protection of Human Rights and Fundamental Freedoms and of course the Charter of Fundamental Rights of the European Union as set forth in Article 6 TEU.

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19

BIERNACKA-LINCZAR, Katarzyna. "EUROPEAN ARREST WARRANT IN POLAND AND ITALY." Comparative Legilinguistics 3 (January 20, 2010): 11. http://dx.doi.org/10.14746/cl.2010.3.2.

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20

Spencer, J. R. "FAIR TRIALS AND THE EUROPEAN ARREST WARRANT." Cambridge Law Journal 69, no. 2 (June 11, 2010): 225–28. http://dx.doi.org/10.1017/s0008197310000358.

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21

Padfield, Nicola. "The European Arrest Warrant: Between Trust, Democracy and the Rule of Law: The Implementation of the European Arrest Warrant in England and Wales." European Constitutional Law Review 3, no. 2 (June 2007): 253–68. http://dx.doi.org/10.1017/s1574019607002532.

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Review of the implementation of the European Arrest Warrant in England and Wales – Introduction to the Extradition Act 2003 – The European Arrest Warrant in practice – Assessing the Extradition Act 2003.

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22

Palmieri, Marco. "The European integration in criminal field the European arrest warrant." Temida 8, no. 4 (2005): 37–43. http://dx.doi.org/10.2298/tem0504037p.

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The author deals with some thesis in connection with the European arrest warrant experience, what will be an interesting test for many EU countries. It affects prerogatives always reserved to state-power and main expression of national sovereignty. Anyway, bringing up to the theoretical elaboration of the so-called "third pillar", it needs to set them in action, and verify if European states are really willing to create a common juridical space putting apart claims and prejudices. Most of appraisals addressed to European arrest warrant seem to repudiate just the principle of mutual confidence in respective judiciary systems, principle the new form of cooperation is based on. Briefly, they assert a decision issued by another Member State wouldn't assure all guarantees as own juridical system. Reform would surely have been more effective and consistent if, before creating a common procedure substantial rules were set. European arrest warrant was born in order to replace the long and complex extradition system with a quick and effective tool, fit for contrasting new forms of criminality, that are able to profit boundary openings in order to escape justice.

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23

R. Ivanović, Aleksandar, and Mirza Totić. "EUROPEAN ARREST WARRANT AS AN INSTRUMENT OF FIGHT AGAINST ORGANIZED CRIME IN THE EUROPEAN UNION." Strani pravni život 61, no. 2 (April 30, 2017): 127–45. http://dx.doi.org/10.56461/spz17208i.

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The paper emphasizes the importance of a very important legal instrument, the European arrest warrant (EAW), which came into force in the European Union (EU) in 2004. The main objective of this paper is to perceive from the legal and historical aspects the importance and role of the legal acts that regulate the issue of extradition and the effects of legislative activity by which the latter is implemented. Forasmuch as the manner of functioning of extradition of accused and convicted persons the paper explicitly elaborates the main reasons and justification for the introduction of the European arrest warrant (EAW), the instrument that has greatly simplified the former extremely complicated system of extradition. Also, it has significantly shortened the period of time necessary for the extradition of a particular person, but also has established a higher level of cooperation between the Member States of the European Union (EU). The European Arrest Warrant (EAW) has justifiably acquired the status of an effective legal instrument. In order to offer better explanations the paper presents concrete case studies and relevant statistics, including the offenses which require the mandatory reasons for issuing, the exact number of issued warrants in the past and the containing elements.

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24

Potyomkina, O. "Hard Way from Extradition to European Arrest Warrant." World Economy and International Relations, no. 10 (2010): 22–31. http://dx.doi.org/10.20542/0131-2227-2010-10-22-31.

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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.

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25

Petkov, Marin, and Dragomir Krastev. "EUROPEAN ARREST WARRANT: APPEARANCE AND PREFERENCES FOR FULFILLMENT." IJASOS- International E-journal of Advances in Social Sciences 4, no. 11 (August 27, 2018): 347–54. http://dx.doi.org/10.18769/ijasos.455654.

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26

Spencer, J. R. "EXTRADITION, THE EUROPEAN ARREST WARRANT AND HUMAN RIGHTS." Cambridge Law Journal 72, no. 2 (July 2013): 250–53. http://dx.doi.org/10.1017/s0008197313000354.

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27

Marin, Luisa. "The European Arrest Warrant in the Italian Republic." European Constitutional Law Review 4, no. 2 (June 2008): 251–73. http://dx.doi.org/10.1017/s1574019608002514.

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Italian veto in the EU Council reversed by Berlusconi – Italian Parliament: lack of trust in other European Union member states – Italian implementing Act: in between the Framework Decision and the Italian legal order – Case-law of the Corte di Cassazione: interpretations in conformity with the Framework Decision and with the Italian constitutional order – Some reflections on consistent interpretation, the relationship between the legislature and the judiciary, and two very recent decisions of the Corte Costituzionale

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28

Pérignon, Isabelle, and Constance Daucé. "The European Arrest Warrant: a growing success story*." ERA Forum 8, no. 2 (June 14, 2007): 203–14. http://dx.doi.org/10.1007/s12027-007-0023-6.

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29

Symeonidou-Kastanidou, Εlisabeth. "Fundamental Rights Concerns Regarding the European Arrest Warrant." European Criminal Law Review 13, no. 1 (2023): 22–34. http://dx.doi.org/10.5771/2193-5505-2023-1-22.

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The European Arrest Warrant, adopted twenty years ago, has proved to be a useful instrument for strengthening transnational cooperation between EU Member States in the field of criminal law. Still, its implementation has revealed serious problems with regard to the protection of fundamental freedoms. This study highlights the relevant shortcomings of the European legislation. It also assesses the judgments issued by the EU Court of Justice to address the problems of the practical application of this legislation. The study concludes that only a significant amendment of the Framework Decision 2002/584/JHA could ensure effective protection of fundamental freedoms in the issuance and execution of the EAW.

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30

Mackarel, Mark. "The European Arrest Warrant – the Early Years: Implementing and Using the Warrant." European Journal of Crime, Criminal Law and Criminal Justice 15, no. 1 (2007): 37–65. http://dx.doi.org/10.1163/092895607x193533.

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31

Barbu, Denisa, and Nicolae Silviu Pana. "Fulfillment of the Conditions of Law no. 302/2004 on the European Arrest Warrant." Logos Universality Mentality Education Novelty: Law 9, no. 1 (December 12, 2021): 33–41. http://dx.doi.org/10.18662/lumenlaw/9.1/54.

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In the Romanian and European doctrine, taking into account the definition given by the European legislator in the normative act itself, the Framework “Decision no. 2002/584/JHA, the European arrest warrant was defined in a similar manner as the legislator did”. Thus, one jurisprudential decision states that: “from a legal point of view, the European arrest warrant is defined as a court decision issued by the competent judicial authority of an EU Member State, in order for another state to arrest and hand over a person who is wanted in order to stand for prosecution, trial or the execution of a custodial sentence or a security measure” (European Court of Justice, 2016).

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32

Švedas, Gintaras. "Kai kurios asmens perdavimo pagal Europos arešto orderį baudžiamajam persekiojimui teorinės ir praktinės problemos." Teisė 66, no. 1 (January 1, 2008): 62–74. http://dx.doi.org/10.15388/teise.2008.66.371.

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Straipsnyje analizuojama Europos arešto orderio samprata ir jį reglamentuojantys teisės aktai, taip pat kai kurios Europos arešto orderio įgyvendinimo Lietuvoje teorinės ir praktinės problemos.The article analyzes the conception of the European arrest warrant as well as some theoretical and practical problems arising in the process of implementation of the European arrest warrant in Lithuania.

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33

Barbu, Denisa, and Ana Maria Pana. "The Preconditions for the Admission of the Preventive Measure Based on an European Arrest Warrant." Logos Universality Mentality Education Novelty: Law 9, no. 1 (December 12, 2021): 42–46. http://dx.doi.org/10.18662/lumenlaw/9.1/55.

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In addition to the mandatory “grounds for refusing to execute an European arrest warrant, the legislator” also provided for some optional grounds on the basis of which the competent judicial bodies “of the executing Member State may refuse to execute an European arrest warrant”. These provisions give the courts of the executing Member State the right to invoke or not to invoke them and, implicitly, the right to execute or not to execute an European arrest warrant. In our view, the refusal to execute the warrant must be complemented by the establishment “of direct links between the judicial authorities of the two Member States”, with regard to adopting a solution to the situation. In this context, given the complexity of the cases, the specific circumstances of the crimes, as well as other elements, the two judicial authorities involved will have to ascertain the incidence of another European institution, namely the transfer of proceedings in criminal matters.

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34

Klip, André. "A Next Level Model for the European Arrest Warrant." European Journal of Crime, Criminal Law and Criminal Justice 30, no. 2 (June 29, 2022): 107–26. http://dx.doi.org/10.1163/15718174-30020002.

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35

Petkov, Marin, and Dragomir Krastev. "EUROPEAN ARREST WARRANT AND HUMAN RIGHTS OF THE ACCUSED." IJASOS- International E-journal of Advances in Social Sciences 4, no. 11 (August 27, 2018): 463–70. http://dx.doi.org/10.18769/ijasos.455674.

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36

Šubic, Neža. "Resisting a European Arrest Warrant: A social rights perspective." New Journal of European Criminal Law 11, no. 3 (August 12, 2020): 299–312. http://dx.doi.org/10.1177/2032284420948619.

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This article starts from the premise that social rights should be taken seriously in the context of the European Arrest Warrant (EAW). Historically neglected, social rights have slowly gained recognition as legal entitlements. The article focuses on the protection of social rights – understood here as the rights to an adequate standard of living, healthcare and education – in regard to one aspect of the EAW: resisting its execution due to a real risk of a breach of social rights in detention in the issuing Member State. The social rights–based argument for resisting an EAW is premised on the Court of Justice of the European Union’s jurisprudence on ‘exceptional circumstances’ in which mutual trust can be rebutted, in particular Aranyosi and LM. The article identifies three ways for protecting social rights in the context of resisting an EAW. First, elements of social rights can be protected through resisting an EAW on the basis of a real risk of a breach of the prohibition of inhuman and degrading treatment. Second, social rights could be protected by resisting an EAW on the grounds of those non-absolute civil rights that indirectly protect elements of social rights. Third, the option of resisting an EAW by relying directly on social rights is also examined. Taking a social rights perspective expands the type of cases in which an individual can resist surrender due to a risk of facing poor detention conditions; this includes certain situations where the potential breach does not reach the high threshold of the prohibition of inhuman and degrading treatment. However, the article concludes that the rigid framework for balancing mutual trust and fundamental rights established by Aranyosi and LM ultimately creates a ceiling for the protection of social rights and prevents them from being fully respected and protected in the context of resisting an EAW.

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37

Mackarel, Mark. "‘Surrendering’ the Fugitive—The European Arrest Warrant and the United Kingdom." Journal of Criminal Law 71, no. 4 (August 2007): 362–81. http://dx.doi.org/10.1350/jcla.2007.71.4.362.

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This article explains how the European Arrest Warrant forms part of the response to the modern needs of the European Union in dealing with transnational crime and considers the experience of the UK in implementing and using the warrant. The warrant is the first manifestation of the EU policy of mutual recognition in relation to cooperation in criminal matters and in questioning how effectively the UK has put the warrant into operation under the Extradition Act 2003, the article compares the analyses of the European Commission, Eurojust and the House of Lords. Finally, the approach to interpretation taken by the courts to cases coming before them concerning the warrant under the 2003 Act is examined.

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38

Milčiuvienė, Saulė, and Edita Gruodytė. "The Influence of the Court of Justice of the European Union on the Issuance of European Arrest Warrants in Lithuania." Baltic Journal of Law & Politics 12, no. 2 (December 1, 2019): 97–114. http://dx.doi.org/10.2478/bjlp-2019-0013.

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Abstract The European arrest warrant system is one of the greatest achievements in the development of cooperation in judicial matters among EU Member States. However, its implementation has raised many questions, resulting in referrals by national courts to the Court of Justice of the European Union (CJEU) for preliminary rulings. This article analyses the impact of the CJEU’s preliminary rulings on Lithuanian law concerning European arrest warrants. Specifically, the focus of the paper is institutional configuration and corresponding regulation in this field because/after the CJEU decided that (1) the Ministry of Justice cannot be considered a judicial authority because as part of the executive branch it cannot guarantee the protection of the parties’ fundamental rights; (2) however, the Prosecutor General of Lithuania can be considered a judicial authority because it participates in the administration of criminal justice and is independent of executive governance, and because its decisions to issue European arrest warrants are subject to judicial review.

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39

Klimek, Libor. "Letter of Rights for Persons Arrested on the Basis of a European Arrest Warrant: A Novelty Under the Directive 2012/13/Eu." International and Comparative Law Review 13, no. 1 (June 1, 2013): 163–70. http://dx.doi.org/10.1515/iclr-2016-0066.

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Abstract The paper deals with a Letter of rights for persons arrested on the basis of a European arrest warrant, a novelty introduced by the Directive 2012/13/ EU on the right to information in criminal proceedings. The Directive stipulates that Member States of the EU shall ensure that persons who are arrested for the purpose of the execution of an European arrest warrant are provided promptly with appropriate Letter of rights containing information on their rights according to the law implementing the Framework Decision 2002/584/JHA on the European arrest warrant in the executing Member State. The paper is divided into three sections. First section presents fundamental knowledge on starting points of the letter of rights. Further, second section analyses its legal basis, i.e. Directive 2012/13/EU. The last third section introduces an indicative model of letter of rights.

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40

Meysman, Michaël. "Belgium and the European Arrest Warrant: Is European Criminal Cooperation Under Pressure?" European Criminal Law Review 6, no. 2 (2016): 186–210. http://dx.doi.org/10.5771/2193-5505-2016-2-186.

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41

Sarmiento, D. "European Union: The European Arrest Warrant and the quest for constitutional coherence." International Journal of Constitutional Law 6, no. 1 (December 20, 2007): 171–83. http://dx.doi.org/10.1093/icon/mom040.

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42

Riegel, Ralf, and Marc Sonntag. "The Council conclusions ‘The European arrest warrant and extradition procedures – current challenges and the way forward’." European Criminal Law Review 12, no. 1 (2022): 66–81. http://dx.doi.org/10.5771/2193-5505-2022-1-66.

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On 1 December 2020, the Council of the European Union has adopted conclusions on ‘the European arrest warrant and extradition procedures - current challenges and the way forward’. They represent the Council’s response to the ongoing debate on the future of the Framework Decision on the European arrest warrant. While the European arrest warrant is commonly regarded as a success story, several issues have emerged in recent years that weaken mutual trust and pose obstacles to the smooth functioning of surrender procedures. This article sets out the legal and political context that shaped the debate in the Council during the German Presidency. It highlights the main challenges identified in the conclusions as well as the Council’s proposals to master them. In addition, the authors analyse the developments that have taken place since 1 December 2020 and, in particular, the efforts that have been made to implement the measures called for in the Council conclusions.

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43

Tučić, Boris. "The principle of ne bis in idem in the context of European arrest warrant: A view of the jurisprudence of the European Court of Justice." Civitas 11, no. 1 (2021): 149–70. http://dx.doi.org/10.5937/civitas2101149t.

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In this paper, we analyze the most significant ruligs of the Court of Justice of the Europian Union regarding the interpretation of the provisions of the Framework decision on the European arrest warrant which established the principle of ne bis in idem as one of the grounds for both mandatory and optional non-execution of the extradition request issued to the judicial authority of the executing Member State. Although the European arrest warrant is one of the most important mechanisms of cooperation in criminal matters between Member States, the provisions of the Framework decision that established the European arrest warrant as part of the EU law do not define precisely enough some of the key aspects of its implementation, leaving plenty of space for different interpretations and actions of national authorities, which in turn contributes to legal uncertainty and unequal application of the EU law within Member States. In this context, the European Court of Justice made some of the key points in the 2010 Mantello case and 2018 AY case, and primarily focused on issues related to the ''same act'' category as one of the key criteria for applying the ne bis in idem principle in transnational context. The inductive-deductive method and content analysis were used in the analysis of the cases mentioned above.

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44

PĂTRĂUŞ, MIHAELA. "BRIEF COMMENTS ON THE CONCEPT OF JUDICIAL AUTHORITY JURISDICTION UNDER ARTICLE 6 OF COUNCIL FRAMEWORK DECISION NO. 2002/584/JHA REGARDING THE EUROPEAN ARREST WARRANT." Agora International Journal of Juridical Sciences 13, no. 1 (October 29, 2019): 1–8. http://dx.doi.org/10.15837/aijjs.v13i1.3725.

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Article 6, paragraph 1 of Framework Decision 2002/584/JHA provides that the issuing judicial authority is the judicial authority of the Member State competent to issue a judicial decision in accordance with the law of that State for the purpose of surrender on the basis of the European arrest warrant to another EU Member State.The Court of Justice in Luxembourg, by its recent case-law, held that the notion of issuing judicial authority does not concern the prosecutor's offices in a Member State which are at risk of being subjected, directly or indirectly, to individual orders or instructions by the executive power in the context of adopting a decision on the issuing of the European arrest warrant. The effects of this judgment are mandatory for all Member States and require clarification from the Member States affected by the ECJ ruling regarding the nature of the European arrest warrant authority, even a possible intervention by the legislature in these EU Member States, to facilitate the settlement of cases of arrest in full agreement with the principles of mutual recognition and mutual trust of judgments in the European area.

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Shaibakova, Kamila Danilovna. "Transformation of the European arrest warrant in light of protection of the rights of extradited individuals." Право и политика, no. 4 (April 2020): 42–48. http://dx.doi.org/10.7256/2454-0706.2020.4.32293.

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The subject of this research is the norms of international legal acts, legislations of the EU member-states, decisions of foreign national courts, as well as decisions of the European Court on Human Rights and European Court of Justice. A hypothesis is advanced that within the framework of the European arrest warrant there are new trends associated namely with the desire to strengthen the system of protection of rights of the extradited individuals, which can negatively affect functionality of the procedure as a whole. Thus, a number of cases of the national courts (for example Artur Celmer case) and Court of the European Union (Pál Aranyosi and Robert Căldăraru case), as well as provisions of the constitutional courts lead to the fact that the principle of mutual recognition of court decision is used with caution. The article examines the case law of national courts of the EU member-states, as well as practice of the European Court of Justice and European arrest warrant. The author compared the decisions of the aforementioned courts for confirming the hypothesis that the protection of extradited individuals plays a significant role in the context of operation of the European arrest warrant. The intention to provide legal guarantees to individuals extradited in the context of the European arrest warrant, which loses its main influence; particularly the procedure is interrupted due to absence of guarantees of protection of rights in case of extradition, as well as raises doubt towards judicial systems and their decisions of some EU member-states brought forth by political actions of these countries. Moreover, protection of rights and guarantee of fair trial increases.

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Petric, Davor. "Dignity, Exceptionality, Trust. EU, Me, Us." European Public Law 26, Issue 2 (June 1, 2020): 451–76. http://dx.doi.org/10.54648/euro2020051.

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The German Federal Constitutional Court (GFCC) in late 2015 delivered a decision on the European Arrest Warrant (EAW). With it, the GFCC further elaborated its trademark doctrine on the constitutional-identity review of EU law’s application in Germany, introducing human dignity as another yardstick. In this article, I critically reassess the merits and implications of this doctrinal development, in particular for the relationship between the GFCC and the Court of Justice of the European Union (CJEU) and for the EU law-national law dynamic in general. Human dignity; German Federal Constitutional Court; European Arrest Warrant; constitutional-identity review; Court of Justice

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Klip, André. "The European Arrest Warrant, from Mutual Recognition to Mutual Supervision?" European Criminal Law Review 12, no. 1 (2022): 82–100. http://dx.doi.org/10.5771/2193-5505-2022-1-82.

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Mutual recognition is the rule which guides cooperation in criminal matters within the European Union. Whilst intended to facilitate and make cooperation faster, the Court of Justice has done exactly the opposite in its case law. It has raised the thresholds for cooperation between the Member States by creating more formalities, causing delay and it does so without strengthening effective legal remedies for the citizen. Member States must assess detention circumstances elsewhere, the status of the issuing judicial authority, as well as make an assessment of the judicial independence of the judiciary of the issuing Member State. These three cumulative developments have led to a situation in which Member States mutually supervise each other. The concept of dual level of protection, as introduced by the Court, triggers two procedures that will be necessary: one, in the issuing Member State, before the European Arrest Warrant (EAW) is issued, and another in the executing Member State when it must be executed. However, the requested person does not benefit from effective judicial protection because of their absence when the EAW is issued. This would only be the case when it would be possible for the requested person to challenge the need for the EAW in the context of the existence of alternatives to surrender that might be less violative of the freedoms and rights of the requested person. Such an overall assessment of the legal position of the requested person would require a single joint level of protection, involving both Member States and the requested person in one procedure in order to safeguard that all interests at stake are considered, impunity is prevented and thus a fair administration of justice is ensured.

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Sanger, Andrew. "Force of Circumstance: The European Arrest Warrant and Human Rights." Democracy and Security 6, no. 1 (March 24, 2010): 17–51. http://dx.doi.org/10.1080/17419160903535301.

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Weis, Karen. "The European Arrest Warrant — A Victim of its Own Success?" New Journal of European Criminal Law 2, no. 2 (June 2011): 124–32. http://dx.doi.org/10.1177/203228441100200202.

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Davydenko, S. V., and D. I. Demchenko. "EUROPEAN ARREST WARRANT IN THE SYSTEM OF LAW ENFORCEMENT ACTIVITIES." Juridical scientific and electronic journal, no. 2 (2024): 405–10. http://dx.doi.org/10.32782/2524-0374/2024-2/100.

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