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European Arrest Warrant: Mutual Recognition as the Primary Principle of the Surrender Procedure

100%
Klimek L.
Internal Security
|
2014
|
vol. 6(1)
33-44
EN
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.
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European arrest warrant - mutual trust and mistrust among EU member states

88%
Tomášek M.
Data a výzkum - SDA Info (Data and Research - SDA Info)
|
2023
|
vol. 13
|
issue 2
131-142
EN
The Europeanisation process for criminal law still faces many challenges today. The first of them is the concept of state sovereignty in the matter of criminal jurisdiction. The European arrest warrant (EAW) exemplifies the successful Europeanisation of criminal legal procedure. The EAW has introduced a new principle of so – called, surrendering, to another Member State of the European Union, for criminal prosecution. Unlike extradition proceedings, the whole process of surrendering a citizen pursuant to an EAW rests solely with the courts. No review by an executive body is required, as it is presumed that, if surrendered to another Member State, the surrendered person’s rights – in particular, their right to a fair trial will not be jeopardised. The EAW, with its attending surrender mechanism, is thus a signifier of mutual trust between Member States.
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