The European Arrest Warrant in Practice

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Publisher : T.M.C. Asser Press
ISBN 13 : 9789067042932
Total Pages : 464 pages
Book Rating : 4.0/5 (429 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 2009-03-19 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: the EU Member States are equally authoritative, which leads to serious compli- tions. After all, translations are always inferior to the original texts. The conclusion by Advocate-General Kokott in the Pupino case may lead to a practical solution: just use the language/text that reflects the intention of the drafters of the Fra- work Decision most clearly, regardless of the ‘nationality’ of the case. In the case of the EAW Framework Decision the French text is more authentic than any other text: reliable information from Brussels has taught me that all language versions have been translated from the French. Moreover, the negotiations on this Fra- work Decision were mostly in French. And so I can now return, with a clear conscience, to my natural state: easygoing if not actually lazy. Judge Rob Blekxtoon VII Chapter 0 INTRODUCTION We, Europeans, are participants in the shaping of Europe as a political, cultural and constitutional community, a common home in a messy world. We, lawyers, are responsible for channelling this process and for guarding balance. The balance we have to guard is between the three identities of every European citizen: his or her European, national and individual identity. For our European identity to bloom, it is necessary that our national and individual identities also bloom.

The European Arrest Warrant in Practice

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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

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Author :
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

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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.

European Arrest Warrant

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Publisher :
ISBN 13 : 9789462362840
Total Pages : 378 pages
Book Rating : 4.3/5 (628 download)

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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.

The European Arrest Warrant in Ireland

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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.

European Arrest Warrants

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Publisher :
ISBN 13 : 9780907247548
Total Pages : 0 pages
Book Rating : 4.2/5 (475 download)

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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.

The Implementation of the European Arrest Warrant in the European Union

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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.

Handbook on the European Arrest Warrant

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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.

The European Arrest Warrant and In Absentia Judgments

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Publisher :
ISBN 13 : 9789462369856
Total Pages : 340 pages
Book Rating : 4.3/5 (698 download)

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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:

Still Not Resolved?

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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

Constitutional Challenges to the European Arrest Warrant

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Publisher :
ISBN 13 : 9789058501844
Total Pages : 272 pages
Book Rating : 4.5/5 (18 download)

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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.

The European Arrest Warrant

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)

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Book Synopsis The European Arrest Warrant by : Anjum Shabbir

Download or read book The European Arrest Warrant written by Anjum Shabbir and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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

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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:

The European Arrest Warrant, with Evidence

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (937 download)

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Book Synopsis The European Arrest Warrant, with Evidence by :

Download or read book The European Arrest Warrant, with Evidence written by and published by . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Extradition Law and Practice

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ISBN 13 : 9789089522078
Total Pages : 0 pages
Book Rating : 4.5/5 (22 download)

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Book Synopsis Extradition Law and Practice by : Stefano Maffei

Download or read book Extradition Law and Practice written by Stefano Maffei and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of "international extradition" is not independently taught in legal education programs around the world, yet extradition remains today the most significant form of mutual assistance in criminal matters between States. This book provides a concise and clear description of extradition law and procedure based on a number of key principles and concepts (double criminality, rule of speciality, assurances) drawn from domestic extradition statutes, bilateral and multilateral treaties. It then outlines 35 well-known extradition cases, in which suspects, accused and convicted persons fought the extradition requests by invoking certain grounds for refusal of surrender (human rights violations, unfairness of trial in the requesting country, excessive punishment, etc). For each of these cases, an outline of the facts, the outcome of the case, and the legal arguments of the parties is provided. The book is ideal for legal practitioners who wish to familiarise with the law and practice of extradition litigation around the world and to learn about the best available strategies to effectively assist clients in extradition cases.

European Union: European Arrest Warrant

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (21 download)

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Book Synopsis European Union: European Arrest Warrant by : Theresa Papademetriou

Download or read book European Union: European Arrest Warrant written by Theresa Papademetriou and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: