European Arrest Warrant

The European Arrest Warrant ( EAW ) is an instrument for EU-wide enforcement of a national arrest warrant, which is based on a framework decision of 13 June 2002. It simplifies and shortens the extradition of offenders or suspects, as the sought for extradition country shall in principle not review the legality of the arrest warrant.

Operation

The judicial decision for the arrest warrant that has been issued in an EU Member State will, that is widely accepted in this context " under the principle of mutual recognition" automatically by the requested Member State and the requested person is arrested there and the purpose of prosecution or " passed " enforcement ( delivered ). The EAW requires the EU Member States also to extradite their own nationals to other EU countries, but can the States after all, insist the fines imposed on its citizens penalties to enforce itself (Art. 4, No. 6, 5, No. 3; same applies to persons who are domiciled in the State ).

The Framework Decision lists 32 areas of crime such as fraud, cyber crime, racism or counterfeiting and piracy, in which the delivery must even take place if the offense under the laws of the extraditing state not punishable (Article 2, paragraph 2, shall be so far on the requirement of dual criminality omitted ).

The Council of Justice and Home Affairs has adopted the proposal from the Commission and after consulting the European Parliament the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.

Emergence reasons

  • The realization of the idea to create an "area of freedom, security and justice " (Article 29, Section 1 of the EU ), in particular by effectively combating organized crime,
  • Strengthening and simplification of international cooperation in criminal matters,
  • Emergence of a single European legal space for deliveries by abolishing the formal extradition proceedings.

These objectives are to be achieved by providing a better, more convergence between the legal systems of the Member States and the recognition and enforcement of judgments and decisions in the Union.

Differences from the previous extradition law

  • Direct cooperation between the judicial authorities without recourse to the diplomatic path and abandon the so-called approval process,
  • Shortened handover deadlines
  • Application of the principle of mutual recognition of judicial and extrajudicial decisions leads to an EAW is issued in any one issuing Member State in any other Member State ( the executing State ) only, subject to certain grounds for refusal (Article 3 of the Framework Decision ) is to be enforced,
  • Extensive waiver of the requirement of double criminality,
  • General obligation to extradite its own nationals,
  • Integration of aid instruments and organs (such as: Just €, European Judicial Network, SIS)

Entry into force

This new instrument of judicial cooperation in criminal matters should be implemented by 31 December 2003 through the carrying out of any necessary implementing measures in the legal systems of the EU Member States (Article 34 § 1). The deadline for incorporation of the EAW in national law regarding the 10 new accession candidates ran under the Accession Treaty (Article 2) from 1 May 2004.

Germany

The first adopted by the Bundestag on the European Arrest Warrant ( EuHbG ) was unconstitutional and void, in the judgment of the Federal Constitutional Court of 18 July 2005. The law grab disproportionate in the fundamental right to freedom from extradition (Art. 16 GG) and to the courts ( Article 19 paragraph 4 of the Constitution ) a. Germany had not implemented the EU target fundamental rights gently, so the verdict. To the judgment of three judges each have issued a dissenting opinion. Complainant in custody pending extradition imprisoned end for Spain terror suspect German - Syrian Mamoun Darkazanli.

Bundestag and Bundesrat responded with a legislative procedure for a new edition of the EuHbG. Here, by the Federal Constitutional Court criticized as unconstitutional points have been revised, adopted the other provisions largely from the original law.

The new implementation law was signed by the Federal President Horst Köhler on 20 July 2006 and published on 25 July 2006 in the Federal Law Gazette ( Federal Law Gazette I 2006, p 1721). The Act came into force on 2 August 2006.

Decision (European Union) Law enforcement Eurojust Federal Constitutional Court of Germany
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