The European arrest warrant is operational throughout all Member States of the European Union. Despite its operational success, the surrender procedure is far from perfect. In order to strengthening the rights of requested persons in the surrender procedure, new legislative measures have been adopted. Two legislative measures have been adopted so far, namely: a Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings, strengthening the right to interpretation and translation in the surrender procedure, and a Directive 2012/13/EU on the right to information in criminal proceedings, strengthening the right to information and introducing a Letter of Rights in EAW proceedings. In addition to that, the European Commission introduced a Proposal for a Directive on the right of access to a lawyer in criminal proceedings and on the rightto communicate upon arrest. As is obvious, the paper deals with strengthening the procedural rights of requested persons under the European arrest warrant in the surrender procedure. It is divided into four sections. The first section is focused on general issues whilst the second section is focused on the right to interpretation and translation, the third section is focused on the right to information. In addition to that, the fourth section introduces knowledge in the field of the right of access to a lawyer.
In order to speed up and replace extradition procedure in the European Union was adopted the Framework Decision2002/584/JHA on the European arrest warrant and the surrender procedures between Member States. This framework decisionintroduced a new proceedings — surrender procedure. The surrender procedure is based on several principles. The work dealssolely with the principle of mutual recognition of judicial decisions in criminal matters in the European Union as the primaryprinciple of the surrender procedure. The European arrest warrant provided for in the Framework Decision 2002/584/JHA onthe European arrest warrant is the first concrete measure in the field of European Union Criminal law implementing the principleof mutual recognition which the European Council referred to as the ‘cornerstone’ of judicial co‑operationin the European Union.It is divided into four sections. The first section introduces the obligation to execute the European arrest warrant under the Treatyon the functioning of the European Union. While the second section analyses the mutual recognition in the area of Criminal law,the third section introduces its central aim — the quasi‑automaticrecognition and execution of judicial decisions in criminalmatters from Member State ‘A’ to other Member States of the European Union, with minimal formalities and limited grounds forrefusal. Lastly, the fourth section briefly introduces another mutual recognition instruments in the area of Criminal law.
The paper deals with the joint investigation teams in the EU that are considered as a necessary tool to enhance the internal security of the EU. They are the desired instruments for international cooperation of judicial and law enforcement authorities in the fight against organized cross-border crimes as well as a useful tool in facilitating mutual assistance in criminal matters between the Member States of the EU. Joint investigation teams have demonstrated their usefulness in investigating the most serious forms of criminality such as terrorism or drug trafficking. The paper firstly focuses on the development of joint investigation teams and their legal basis at the level of the EU, namely the Convention on mutual assistance in criminal matters between the Member States of the EU and the Framework Decision on joint investigation teams. Further, it introduces the establishment of joint investigation teams. JITs are established on the basis of a written mutual agreement between two or more Member States of the EU. Special attention is focused on national experts of joint investigation teams and the participation of Europol and Eurojust in joint investigation teams. Both Europol and Eurojust were established to support Member States of the EU in the fight against serious organized cross-border crime. Both of them can participate in JITs separately as well as jointly. Moreover, it discusses their implementation in the European Union legal system, as well as common problems.
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