Transcript European Arrest Warrant Project

AGIS 2004
The
European Arrest Warrant
Project
A short overview of
Project JAI/2004/AGIS/043
EAW Conference
Noordwijkerhout June 2006
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Introduction
AGIS 2004
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Recognition of existence of a single law enforcement area
 Area of Freedom, Security and Justice
Enhancement of judicial cooperation in criminal matters.
Replace within Europe with open borders existing extradition
procedures by surrender procedures
Introduce “new approach” of mutual recognition based on
mutual trust
Establish direct contacts between “issuing” and “executing”
judicial authorities; end involvement of administration
EAW Conference
Noordwijkerhout June 2006
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Introduction
AGIS 2004
Council Framework Decision 2002/584/JHA
of 13 June 2002 on the European Arrest
Warrant and the surrender procedures
between Member States.
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Part of a general programme to implement mutual recognition
of judicial decisions in criminal matters
Implementation accelerated following events of 11 September
2001
EAW Conference
Noordwijkerhout June 2006
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Introduction
AGIS 2004
Explicit objectives of the Framework Decision:
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Expedition and simplification of extradition procedures
(max. 90 days duration)
Establishment of direct contacts between judicial authorities
Introduction of standard form to obtain surrender
 The European Arrest Warrant
Suppression of double criminality requirement for 32 categories
of crimes
EAW Conference
Noordwijkerhout June 2006
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Introduction
AGIS 2004
Implicit objectives of the Framework Decision:
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Reduce involvement of national politicians
Trust in common level of human rights protection in all
Member States
Abolition of the nationality exception
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Noordwijkerhout June 2006
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AGIS 2004
The EAW Project
“Triggers” for the project:
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Framework Decision
Handbook European Arrest Warrant
Specific problems addressed by the project:
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Framework Decision is first instrument to apply the principle of
mutual recognition of judicial decisions in criminal matters
Radical change in judicial cooperation due to mutual recognition
Status and enforcement of third pillar legislation
EAW Conference
Noordwijkerhout June 2006
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AGIS 2004
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Project partners
JUSTICE, London
Max Planck Institute for Foreign and International Criminal Law,
Freiburg
Faculty of Law, University of Lund, Lund
European Criminal Bar Association (ECBA),
London/Maastricht
Amsterdam Centre for International Law (University of
Amsterdam), Amsterdam
Ministry of Justice of Romania, Bucharest
T.M.C. Asser Instituut, The Hague
Centre of Information Services for MP’s of the National
Library of Estonia, Tallinn
EAW Conference
Noordwijkerhout June 2006
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AGIS 2004
Project supporters & experts
Supporters:
 Eurojust, The Hague
 International Association of Prosecutors, The Hague
 Association Internationale de Droit Penal, Vienna
 Centre of Research in Criminal Sciences Fernand Boulan, Aixen-Provence
Experts:
 Active network of experts in 24 out of 25 Member States
(exception: Malta) plus:
 Bulgaria, Romania, Croatia, Norway and Switzerland.
EAW Conference
Noordwijkerhout June 2006
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AGIS 2004
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Project objectives (1)
Set up network of experts in Member States, provide project
with systematic analysis of implementation of Framework
Decision on European Arrest Warrant, relevant national case law,
and practice
Present systematic overview (in English) of relevant national
(implementation) legislation and practice in Member States,
candidate countries, and Schengen partners
Create platform for discussion and exchange of information
EAW Conference
Noordwijkerhout June 2006
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AGIS 2004
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Project objectives (2)
Increase knowledge regarding
 implementation of the Framework decision on the European
Arrest Warrant in the Member States
 preparations in candidate countries
 relations with Schengen partners (esp. Norway, Iceland)
Increase knowledge regarding functioning of surrender
procedures based on European Arrest Warrant in the 25
Member States
EAW Conference
Noordwijkerhout June 2006
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AGIS 2004
Project means
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Acquisition and publication of relevant legislation, official
documents, case law, articles and commentaries
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Send out standard Questionnaire to correspondents, resulting in
country reports
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Provide standard form for reporting and publishing of case law
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Provide tools for comparative law analysis
EAW Conference
Noordwijkerhout June 2006
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AGIS 2004
Project results
Website www.eurowarrant.net with:
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Country-reports received from 19 out of 25 Member States
National implementation legislation for 25 Member States
Official documents
Case law from several Member States and the European Court
of Justice
Articles and commentaries
EAW Conference
Noordwijkerhout June 2006
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AGIS 2004
General observations (1)
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Surrender procedures based on a European Arrest Warrant are
in place in 24 out of 25 Member States
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In some Member States constitutional issues have arisen,
resulting in necessary changes of the Constitution or annulment
of national implementation legislation
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In practice executing judicial authorities in certain Member States
varify whether box was correctly ticked
EAW Conference
Noordwijkerhout June 2006
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AGIS 2004
General observations (2)
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Two main goals of Framework decision on the European Arrest
Warrant, that is to
 Simplify procedures
 Expedite procedures
prove a success with average duration of procedure reduced
from 9 months to 1,5 months
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Some Member States limit the scope of sensitive list items. For
instance, no surrender for ‘murder’ in case of abortion.
EAW Conference
Noordwijkerhout June 2006
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AGIS 2004
General observations (3)
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Direct contacts between judicial authorities but administration
seems to remain involved in certain Member States at least
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The double criminality requirement is abolished in the legislation
of most Member States
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In practice however, a double criminality check is reintroduced
regarding nationals and maintained for sensitive list items
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Noordwijkerhout June 2006
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AGIS 2004
General observations (4)
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The legislation and practice of certain Member States suggest
less than unconditional trust in the warranting of human rights
in the requesting Member State
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There now exists an almost complete collection of documents
and information, including some otherwise sometimes very
difficult to find
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Noordwijkerhout June 2006
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Tendencies & Expectations
AGIS 2004
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Problems remain but in general the EAW procedure is
functioning
Second Commission report on the implementation of the
Framework Decision expected this month
The project website will be maintained and updated, also after
project ends
New proposal made under AGIS 2006. Builds on existing
project, continued collaboration with network of experts
> new proposal will be “real” research project
EAW Conference
Noordwijkerhout June 2006
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AGIS 2004
The European Arrest Warrant
- The Reality of a Vision
16 & 17 June 2006
EAW Conference
Noordwijkerhout June 2006
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