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The European Arrest Warrant In Practice
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Book Synopsis The European Arrest Warrant in Practice by : Nico Keijzer
Download or read book The European Arrest Warrant in Practice written by Nico Keijzer and published by T.M.C. Asser Press. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis European Arrest Warrant by : Renata Barbosa
Download or read book European Arrest Warrant written by Renata Barbosa and published by . This book was released on 2022-04-18 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: What practical problems are at stake in current EAW surrender proceedings? The research project Improving Mutual Recognition of European Arrest Warrants through Common Practical Guidelines of which the three country reports for Greece, the Netherlands and Poland are now published, is a follow-up of an earlier project that led to the publication of The European Arrest Warrant and In Absentia Judgments, Maastricht Law Series No.12 InAbsentiEAW. This project is broader than in absentia alone and looks at various other aspects of the EAW surrender procedure that are problematic in practice. It also goes more into detail as it aims to present an alternative to the outdated Handbook for the European Arrest Warrant. This publication will be followed by a final report containing these Common Practical Guidelines. The current volume contains the country reports for Greece, the Netherlands and Poland as these countries offer a representative and interesting intersection of situations in daily practice when it comes to creating, fighting and solving problems on the EAW ImprovEAW. About the Maastricht Law Series: Created in 2018 by Boom juridisch and Eleven International Publishing in association with the Maastricht University Faculty of Law, the Maastricht Law Series publishes books on comparative, European and International law. The series builds upon the tradition of excellence in research at the Maastricht Faculty of Law, its research centers and the Ius Commune Research School. The Maastricht Law Series is a peer reviewed book series thatallows researchers an excellent opportunity to showcase their work.
Book Synopsis European Arrest Warrant by : Libor Klimek
Download or read book European Arrest Warrant written by Libor Klimek and published by Springer. This book was released on 2014-09-23 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the European arrest warrant as a successful and effective instrument for judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding the European arrest warrant. The book analyses its genesis, main features, surrender procedure, case law, implementation and the latest developments. Instead of focusing solely on a criminal law approach, it also considers the subject from the perspective of European Union law and constitutional law.
Book Synopsis The European Arrest Warrant in Ireland by : Remy Farrell
Download or read book The European Arrest Warrant in Ireland written by Remy Farrell and published by . This book was released on 2011-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines in detail, the practice and procedure surrounding the European arrest warrant and its application in Ireland. Surrender under the European Arrest Warrant Act, 2003 has replaced extradition under Parts II and III of the Extradition Act, 1965 as the principal mode of extradition in Europe. The 2003 Act has been operational since 2004 and there are now in excess of 100 written decisions in relation to its operation. A significant number of decisions have finally made the way to the Supreme Court as a result of which many issues can now be regarded as reasonably well settled law for the first time. In addition, there have been a number of recent decisions from the European Court of Justice in relation to the manner in which the Framework Decision ought to be approached by domestic courts in construing domestic legislation. The number of applications under the 2003 Act has roughly doubled each year and is likely to continue to increase as EU Member States attempt to implement the new procedures in place.
Book Synopsis European Arrest Warrants by : Justice (Society)
Download or read book European Arrest Warrants written by Justice (Society) and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European arrest warrant (EAW) came into force in 2004. It brought in radical change to the extradition process across the European Union. This has led to vast numbers of speedy hearings and surrenders. The EAW was originally promoted as a weapon in the fight against serious cross border crime, but warrants are requested for a wide range of offences and sentence lengths. They may also relate to alleged crimes that occurred many years ago. There has been much discussion about the merits of the EAW. To date, the majority of reviews have focussed on the legislation and implementing laws. But, in spite of the mechanism afforded for doing so in the enacting legislation, little attention has been given to how a requested person may go about defending an EAW. This report is the culmination of a two year study reviewing the opportunities to defend a warrant in practice. The study has looked in detail at the operation of the EAW in ten EU member states - Denmark, Germany, Greece, Ireland, Italy, Netherlands, Poland, Portugal, Sweden and the UK. It has reviewed cases from the perspective of the defence and made assessments of whether it is possible to put forward an effective defence to an EAW request.-Back cover.
Book Synopsis The Implementation of the European Arrest Warrant in the European Union by : Massimo Fichera
Download or read book The Implementation of the European Arrest Warrant in the European Union written by Massimo Fichera and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical analysis of the principle of mutual recognition of judicial decisions in criminal matters in the European Union through a detailed assessment of its most prominent instrument, the European Arrest Warrant (EAW). It conceptualizes and contextualizes the lack of clear vision in the building up of the area of freedom, security, and justice from an EU constitutional law, as well as a comparative and international criminal law standpoint. The EAW is considered both as a test for all the other measures which have been adopted or will be adopted as part of the mutual recognition agenda, and as an evolution of classic extradition. On the one hand, its significance is viewed from the perspective of both EU law and international law, by highlighting the structural deficiencies of the former Third Pillar and the need to remedy them. On the other hand, its impact is verified not only in the context of European cooperation in criminal matters, but also in light of the more general question of the identity of the EU as a polity, as well as the nature and implications of EU integration after the entry into force of the Treaty of Lisbon. In particular, the book revolves around four main issues: 1) the need to substantially re-define the concept of mutual recognition; 2) the extent to which the new mechanism of the EAW effectively operates within a non-harmonized landscape; 3) the exact nature and scope of mutual trust, as a notion that underpins the principle of mutual recognition in European criminal law; and 4) the tension between the need to enhance the law enforcement aspects of EU cooperation and the urge to build up a common framework of procedural rights. An overview of the implementation of the EAW in the UK and Italy, as examples of a common law and a civil law jurisdiction, is also offered.
Book Synopsis Still Not Resolved? by : Elspeth Guild
Download or read book Still Not Resolved? written by Elspeth Guild and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is essential reading for anyone interested in the issues arising from the EU's European Arrest Warrant, its 'flagship' instrument implementing the principle of mutual recognition in criminal law, as it examines in depth the basic principles and institutional context of the European Arrest Warrant, as well as its often-troubled implementation into MemberStates' national law. Steve Peers, Professor, School of Law, University of Essex The book is also recommended to those interested in the development of the law and politics of EU criminal justice and its relationship with EU and national constitutional law. Dr Valsamis Mitsilegas, Reader in Law, Queen Mary, University of London This book is an important addition to the growing literature on the European Arrest Warrant. It contains detailed and insightful contributions by key experts in the field, coming from academia, EU policy and legal practice. The book contains a number of valuable, up-to-date chapters on the implementation of the European Arrest Warrant Framework Decision in Member States. In this context, it is essential reading for both academics and practitioners dealing with the constitutional implications of the European Arrest Warrant in particular and mutual recognition in criminal matters in the EU more generally
Book Synopsis Handbook on the European Arrest Warrant by : Rob Blekxtoon
Download or read book Handbook on the European Arrest Warrant written by Rob Blekxtoon and published by T.M.C. Asser Press. This book was released on 2004-11-25 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 13 June 2002 the Framework Decision on the European Arrest Warrant and Surrender Procedures between Member States of the European Union (EAW) was adopted by the Council of the European Union. The Framework Decision must be implemented by all current and future members of the European Union in their respective legal systems. This handbook offers an introduction to the EAW, its origin and its implications. It sets out the history of extradition as a legal system and compares the EAW with the old system. It includes the full text of the EAW with commentaries per paragraph. Attention is paid to procedural rules as well as to special issues, such as the principles of reciprocity and mutual trust, ne bis in idem, verdicts in absentia and the double criminality rule. The relation of EAW with other relevant legal instruments, including those concerning human rights and procedural safeguards, is also covered.
Book Synopsis The European Arrest Warrant and In Absentia Judgments by : BRODERSON
Download or read book The European Arrest Warrant and In Absentia Judgments written by BRODERSON and published by . This book was released on 2020-01-30 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Improving the European Arrest Warrant by : André Klip
Download or read book Improving the European Arrest Warrant written by André Klip and published by . This book was released on 2022-12-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Handbook on the European Arrest Warrant by : Rob Blekxtoon
Download or read book Handbook on the European Arrest Warrant written by Rob Blekxtoon and published by T.M.C. Asser Press. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a Preface by António Vitorino, Member of the European Commission responsible for Justice and Home Affairs. On 13 June 2002 the Framework Decision on the European Arrest Warrant and Surrender Procedures between Members States of the European Union (EAW) was adopted by the Council of the European Union. The Framework Decision is to be implemented by all current and future members of the European Union in their respective legal systems. The new surrender regime replaces the system of extradition between the Member States. The present Handbook offers an introduction to the EAW, its origin and its implications. The book sets out on the history of extradition as a legal system and compares the EAW with the old system. It includes the full text of the EAW with commentaries per paragraph. Attention is paid to procedural rules as well as to special issues, such as the principles of reciprocity and mutual trust, ne bis in idem, verdicts in absentia and the double criminality rule. The relation of the EAW with other relevant legal instruments, including those concerning human rights and procedural safeguards, is also covered. A keyword index enhances the accessibility of the book. The Handbook on the European Arrest Warrant is written by legal experts – practitioners and academics – for government officials, judges and public prosecutors, legal practitioners, academics and everyone else involved in the implementation of the EAW on the national level. Judge Rob Blekxtoon was Presiding Judge of the Extradition Division of the Amsterdam District Court for more than eighteen years and was charged with establishing the Surrender Division of that Court, which is designated to handle all surrender cases in the Netherlands.
Book Synopsis The Practice of Judicial Interaction in the Field of Fundamental Rights by : Casarosa, Federica
Download or read book The Practice of Judicial Interaction in the Field of Fundamental Rights written by Casarosa, Federica and published by Edward Elgar Publishing. This book was released on 2022-02-04 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
Book Synopsis The Future of EU Criminal Justice Policy and Practice by : Jannemieke Ouwerkerk
Download or read book The Future of EU Criminal Justice Policy and Practice written by Jannemieke Ouwerkerk and published by BRILL. This book was released on 2019-03-27 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.
Author :Great Britain. Parliament. House of Commons. European Scrutiny Committee Publisher : ISBN 13 :9780215001498 Total Pages :22 pages Book Rating :4.0/5 (14 download)
Book Synopsis European Arrest Warrant by : Great Britain. Parliament. House of Commons. European Scrutiny Committee
Download or read book European Arrest Warrant written by Great Britain. Parliament. House of Commons. European Scrutiny Committee and published by . This book was released on 2002 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proposal for a European Arrest Warrant marks a substantial change in extradition law and practice, both of the UK and of other EU Member States. This report draws together a number of concerns already noted by the Committee in previous reports. These relate to: 1) the lack of definition of the term 'judicial authority', although the Committee welcomes the Government's acknowledgement that UK courts will not recognise or enforce a warrant from another EU country unless it has been issued by a court in that country; 2) the lack of an explicit reference to the provisions of the European Convention on Human Rights; 3) the abandonment of the traditional safeguard of 'dual criminality', which ensured that the extradition of a person was only allowed if their conduct constituted a criminal offence in the national territory as well as the EU state requesting extradition; 4) the absence of a guarantee of retrial for a person convicted 'in absentia'; 5) the large number of significant last-minute changes made to the proposal, and the lack of transparency in the legislative process regarding civil liberties issues.
Book Synopsis Procedural Safeguards for Suspects and Accused Persons in Criminal Proceedings by : Coral Arangüena Fanego
Download or read book Procedural Safeguards for Suspects and Accused Persons in Criminal Proceedings written by Coral Arangüena Fanego and published by Springer Nature. This book was released on 2020-12-05 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting a practical perspective, this book provides a comprehensive analysis of the Directives adopted by the European Union concerning the rights of and safeguards for suspected and accused persons in criminal proceedings. It is the result of a collaboration between scholars and legal practitioners, and the first work of its kind to examine all relevant rights and safeguards in a single volume. The book offers readers panoramic, functional and in-depth insights into the EU legal framework and related European case law, and highlights the main issues and gaps identified by the authors in legal practice. In addition, it provides recommendations, guidelines and effective solutions applicable to criminal proceedings.
Book Synopsis Constitutional Challenges to the European Arrest Warrant by : Elspeth Guild
Download or read book Constitutional Challenges to the European Arrest Warrant written by Elspeth Guild and published by . This book was released on 2006 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. The european arrest warrant - 2. Analyses of the judgments - 3. Reflections from two 'user' member states - 4. Beyond the member states-the perspectives.
Book Synopsis European Arrest Warrant by : Susie Alegre
Download or read book European Arrest Warrant written by Susie Alegre and published by . This book was released on 2003 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
