The Implementation Of The European Arrest Warrant In The European Union

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The Implementation of the European Arrest Warrant in the European Union

Author : Massimo Fichera
Publisher :
ISBN 13 :
Total Pages : 281 pages
Book Rating : 4.:/5 (78 download)

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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 2009 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Arrest Warrant (EAW) is the first and most important measure in the field of European criminal law for the purpose of implementation of the principle of mutual recognition of judicial decisions. The Framework Decision which introduced it was adopted on 13 June 2002 following point 35 of the Conclusions of the Tampere European Council of 15-16 October 1999 (aiming at abolishing the formal extradition procedure among the Member States of the European Union). The Warrant is a judicial decision issued by a Member State, which requires the arrest and surrender of a person by another Member State, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order. It is issued when the person whose return is sought is accused of an offence for which the law establishes a maximum of at least one year in prison, or when the person has already been sentenced to a prison term of at least four months. The research aims at exploring the context in which the EAW was adopted, as part of the mutual recognition agenda. This will be done through an analysis of the substantive and procedural legal aspects of its implementation. Is mutual recognition correctly implemented? While some authors hail it as a giant leap towards a new system of inter-state judicial cooperation, others view it as a danger for the traditional principles of criminal law as developed in Europe in the last centuries. The thesis will look at the functioning of the EAW in the EU criminal law area and at its implications for national sovereignty as well as individual rights, with particular reference to the radical modification of the principles of classical extradition law. An evaluation of its effectiveness and its real importance will be carried out from both an international and a European law point of view.

European Arrest Warrant

Author : Libor Klimek
Publisher : Springer
ISBN 13 : 3319073389
Total Pages : 376 pages
Book Rating : 4.3/5 (19 download)

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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 376 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.

Handbook on the European Arrest Warrant

Author : Rob Blekxtoon
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067045872
Total Pages : 0 pages
Book Rating : 4.0/5 (458 download)

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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.

Handbook on the European Arrest Warrant

Author : Rob Blekxtoon
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067041812
Total Pages : 300 pages
Book Rating : 4.0/5 (418 download)

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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.

The European arrest warrant and its implementation in the member states of the European Union

Author : Adam Gorski
Publisher :
ISBN 13 :
Total Pages : 390 pages
Book Rating : 4.:/5 (45 download)

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Book Synopsis The European arrest warrant and its implementation in the member states of the European Union by : Adam Gorski

Download or read book The European arrest warrant and its implementation in the member states of the European Union written by Adam Gorski and published by . This book was released on 2008 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Strategic Meeting on the Implementation of the European Arrest Warrant

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (111 download)

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Book Synopsis Strategic Meeting on the Implementation of the European Arrest Warrant by :

Download or read book Strategic Meeting on the Implementation of the European Arrest Warrant written by and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Still Not Resolved?

Author : Elspeth Guild
Publisher :
ISBN 13 : 9789058504456
Total Pages : 0 pages
Book Rating : 4.5/5 (44 download)

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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

The European Arrest Warrant in Practice

Author : Nico Keijzer
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067045636
Total Pages : 0 pages
Book Rating : 4.0/5 (456 download)

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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.

European Arrest Warrant - Recent Developments

Author : Great Britain: Parliament: House of Lords: European Union Committee
Publisher : The Stationery Office
ISBN 13 : 9780104008461
Total Pages : 40 pages
Book Rating : 4.0/5 (84 download)

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Book Synopsis European Arrest Warrant - Recent Developments by : Great Britain: Parliament: House of Lords: European Union Committee

Download or read book European Arrest Warrant - Recent Developments written by Great Britain: Parliament: House of Lords: European Union Committee and published by The Stationery Office. This book was released on 2006-04-04 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Arrest Warrant (EAW) is now widely used to secure the arrest and surrender of suspected criminals across the Union. The EAW has a key role to play in the fight against terrorism and in bringing those accused of serious crime to justice. This report draws attention to two recent developments relating to the EAW. Firstly, the EC Commission's recent report on the implementation of the EAW criticised Member States for inadequate or faulty implementation. Secondly, certain Member States' constitutional courts have found incompatibility with safeguards provided for their nationals. As a result, some legal uncertainty now surrounds the EAW. Until this is resolved the EAW may not be fully effective between Member States. Further, the adoption of other measures based on mutual recognition, such as the European Evidence Warrant, may be delayed. The report also makes available the written and oral evidence on these matters given by Mr Andy Burnham MP, Parliamentary Under Secretary of State in the Home Office.

EU Procedural Rights in Criminal Proceedings

Author : Taru Spronken
Publisher : Maklu
ISBN 13 : 9046603172
Total Pages : 118 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis EU Procedural Rights in Criminal Proceedings by : Taru Spronken

Download or read book EU Procedural Rights in Criminal Proceedings written by Taru Spronken and published by Maklu. This book was released on 2009 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: All EU Member States are party to the European Convention on Human Rights (ECHR), which is the principal treaty setting out the basic standards for suspects' procedural rights in criminal proceedings in the EU. However, divergent practices in different Member States have hitherto hindered mutual trust and confidence between them. In order to counter this obstacle, the European Commission - in its 2003 Green Paper on Procedural Safeguards for Suspects and Defendants in Criminal Proceedings throughout the EU - held that the EU is justified in taking action in this field. Member States had also expressed the need and wish for cooperation in the matter on a EU level. However, the ideas in the 2004 Commission Proposal for a Council Framework Decision on Certain Procedural Rights in Criminal Proceedings throughout the European Union have not yet sparked any political agreement on the matter. In 2005, the Commission arranged for a study to be carried out on procedural rights in the EU in order to comply with the The Hague Programme's call for studies on the existing levels of safeguards in the Member states. This book contains the results of an EU-wide research project (JLS/2008/D3/002). The authors have conducted this follow-up report to the 2005 study, providing up-to-date information on the level of procedural rights in the Member States as a lead for possible new Commission legal initiative on the matter and as a boost for the Roadmap on Procedural Rights presented by the 2009 Swedish EU Presidency. The main procedural rights studied - the right to information, the right to legal advice, the right to legal assistance (partially) free of charge, and the right to interpretation and translation - seem to be guaranteed by law, more or less, in accordance with the ECHR in the criminal justice systems of the EU. However, a more in-depth look at the implementation of these rights raises doubts as to whether, in all Member States, everyday practice is in line with the Strasbourg standard. This underlines the need for EU action, probably even beyond this presumed acquis. Particularly striking is the fact that fundamental rights, such as the right to remain silent, to have access to the file, and to call and/or examine witnesses or experts, even if deemed basic requirements for a fair trial, are not provided for in legislation in all EU Member States.

The Impact, Legitimacy and Effectiveness of EU Counter-Terrorism

Author : Fiona de Londras
Publisher : Routledge
ISBN 13 : 1317524659
Total Pages : 240 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis The Impact, Legitimacy and Effectiveness of EU Counter-Terrorism by : Fiona de Londras

Download or read book The Impact, Legitimacy and Effectiveness of EU Counter-Terrorism written by Fiona de Londras and published by Routledge. This book was released on 2015-04-10 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Counter-terrorism law and policy has been prominent and widespread in the years following 9/11, touching on many areas of everyday life from policing and border control to financial transactions and internet governance. The European Union is a major actor in contemporary counter-terrorism, including through its development of counter-terrorism laws for application within the Union. This book undertakes a multi-disciplinary and empirically informed analysis of the impact, legitimacy and effectiveness of EU counter-terrorism. Taking into account legal, societal, operational and democratic perspectives, this collection connects theoretical and practical perspectives to produce an interdisciplinary and multi-stakeholder study of how we might measure and understand the impact, legitimacy and effectiveness of EU counter-terrorism. Bringing together a select group of experts in the field, particular emphasis is placed on understanding the practical experience of implementing and assessing these measures gathered from and with end users, including law-makers, policy-makers, security services, industry partners and civil society. This edited collection will be of great relevance to scholars and policy makers with an interest in counter-terrorism law, EU law and security studies.

The European Arrest Warrant in Ireland

Author : Remy Farrell
Publisher :
ISBN 13 : 9781905536344
Total Pages : 400 pages
Book Rating : 4.5/5 (363 download)

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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.

The Practice of Judicial Interaction in the Field of Fundamental Rights

Author : Casarosa, Federica
Publisher : Edward Elgar Publishing
ISBN 13 : 1800371225
Total Pages : 448 pages
Book Rating : 4.8/5 (3 download)

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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.

European Added Value Assessment

Author :
Publisher :
ISBN 13 : 9789282351413
Total Pages : 33 pages
Book Rating : 4.3/5 (514 download)

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Book Synopsis European Added Value Assessment by :

Download or read book European Added Value Assessment written by and published by . This book was released on 2013 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Parliament firmly believes that it is crucial to ensure a streamlined process of extradition which does not infringe fundamental rights. This European Added Value Assessment (EAVA) analyses issues arising from the European Arrest Warrant (EAW) Framework Decision and its practical implementation. It argues that although the EAW is generally recognised as a successful instrument for ensuring that criminals are brought to justice, its practical implementation has been subject to persistent criticism since its introduction. The EAVA looks at the different problems, assesses their root causes and proposes some feasible solutions (both at national and EU level). It advocates a holistic approach that includes a number of legislative and non-legislative measures in order to ensure a fair and coherent implementation of the EAW.

An EU-wide Letter of Rights

Author : Taru Spronken
Publisher :
ISBN 13 : 9789400001633
Total Pages : 0 pages
Book Rating : 4.0/5 (16 download)

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Book Synopsis An EU-wide Letter of Rights by : Taru Spronken

Download or read book An EU-wide Letter of Rights written by Taru Spronken and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This report presents the results of the research project 'EU-Wide Letter of Rights in Criminal Proceedings: Towards Best Practice'. In this study information has been gathered on the way suspects in the EU Member States are informed in writing of their rights in criminal proceedings. Subsequently a normative framework has been developed based on the jurisprudence of the ECtHR to establish standards and a legal basis for information that should be given to the suspect in the initial phase of police investigations. Finally a model has been developed for an EU-wide Letter of Rights to be applicable throughout the EU that can function as an inspiration for initiatives on the national level as well as on the EU level. The book provides the complete research results in its annexes and an insight into the way suspects are informed of their rights throughout the EU."--Publisher.

The Oxford Handbook of Criminal Law

Author : Markus D Dubber
Publisher : OUP Oxford
ISBN 13 : 0191654604
Total Pages : 1294 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber

Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Rethinking International Cooperation in Criminal Matters in the EU

Author : Gert Vermeulen
Publisher : Maklu
ISBN 13 : 904660487X
Total Pages : 769 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Rethinking International Cooperation in Criminal Matters in the EU by : Gert Vermeulen

Download or read book Rethinking International Cooperation in Criminal Matters in the EU written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the European Union, international cooperation in criminal matters has grown exponentially over the past few decades. Importantly, there are a wide variety of authorities involved therein, rendering the traditional distinction between police and judicial cooperation as outdated. Furthermore, its rapid growth exposed this policy field to inconsistencies and incoherence. Additionally, despite the wave of new legislation, important lacunae can be identified, setting important challenges for the future. The combination of these issues clarifies the title of this book: there is a pressing need to rethink international cooperation in criminal matters. In answer to a call from the European Commission, the contributors of this book have designed a comprehensive methodological framework to review the entirety of international cooperation in criminal matters, combining desktop reviews, expert consultations, Member State questionnaires, and focus group meetings in each of the Member States to obtain a comprehensive overview of the currently experienced obstacles and future policy options that are both needed and feasible. Over 150 individuals from different backgrounds contributed to the study, including academics, lawyers, policy makers, police, customs, intelligence services, prosecution, judiciary, correctional authorities, Ministries of Justice, and Home Affairs. The book provides an overview of the research findings and the recommendations formulated. These findings include, but are not limited to: (1) a helicopter view on cooperation with criminal justice finality, (2) a clear demarcation of the role of the judicial authorities, (3) a comprehensive review of refusal grounds, including proportionality and capacity concerns, (4) an assessment of gaps in the current body of instruments regulating international cooperation in criminal matters and possible remedies thereto, (5) a well-considered further development of Eurojust, and (6) ensuring EU wide effect of mere domestic actions. This book represents the first overall analysis of the entirety of international cooperation in criminal matters in the EU. As essential reading, it is an analysis that moves beyond the actors, bringing logic back, footed in reality. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 42)