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LIMITATIONS ON EXTRADITION UNDER AMENDED ARTICLE 55 OF POLAND'S CONSTITUTION AND THE EUROPEAN ARREST WARRANT

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Nita B.

Przegląd Sejmowy

2008

issue 2(85)

93-112

For more than one year following the decision of the Constitutional Tribunal of 27 April 2005 (Act Call No. P 1/05) in which it ruled that Article 607t § 1 of the Code of Criminal Procedure - insofar as it permits the surrendering of a Polish citizen to another Member State of the European Union on the basis of the European Arrest Warrant (EAW) - does not conform to Article 55(1) of Poland's Constitution, there have not appeared any legislative initiative aimed at achieving a complete - and, at the same time, consistent with Poland's Constitution - implementation of the Framework Decision on the European Arrest Warrant. It was only in May 2006 that the Presidential Bill to Amend Poland's Constitution was submitted to the Sejm. In its original wording, the bill proposed to amend Article 55 in line with arguments justifying the decision of the Tribunal. In the wording adopted by parliament, the Act does not resolve the problems concerning EAW, adopted. The limitation of the admissibility of extradition, as applied in the Act, does not make it possible to completely implement the Framework Decision. The constitutional doubts about the European Arrest Warrant were the subject of decisions rendered by the bodies appointed to review constitutionality of law in several states bound by the Framework Decision. From the comparison of the modification of Article 55 passed by the Sejm and the Senate and the jurisprudence of foreign states, it follows that the restrictions, contained in this provision, in relation to surrendering on the basis of the European Arrest Warrant does not find rational reasons. Therefore, Article 55 of the Constitution should be reconsidered by the legislature. This refers to prerequisites of paragraph 2 and paragraph 4 insofar as this paragraph concerns a person suspected of a crime committed for political purposes without the use of force. The prerequisite specified by Article 55(4) in fine in relation to surrender based on the European Arrest Warrant will be probably neutralized in the practice of courts, by means of pro-European interpretation of law.

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1 Przegląd Sejmowy

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1 Nita B.

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LIMITATIONS ON EXTRADITION UNDER AMENDED ARTICLE 55 OF POLAND'S CONSTITUTION AND THE EUROPEAN ARREST WARRANT