European Arrest Warrant - Recent Developments PDF Download

Author: Great Britain: Parliament: House of Lords: European Union Committee
Publisher: The Stationery Office
ISBN: 9780104008461
Category : Law
Languages : en
Pages : 40

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Book Description
The European Arrest Warrant (EAW) is now widely used to secure the arrest and surrender of suspected criminals across the Union. The EAW has a key role to play in the fight against terrorism and in bringing those accused of serious crime to justice. This report draws attention to two recent developments relating to the EAW. Firstly, the EC Commission's recent report on the implementation of the EAW criticised Member States for inadequate or faulty implementation. Secondly, certain Member States' constitutional courts have found incompatibility with safeguards provided for their nationals. As a result, some legal uncertainty now surrounds the EAW. Until this is resolved the EAW may not be fully effective between Member States. Further, the adoption of other measures based on mutual recognition, such as the European Evidence Warrant, may be delayed. The report also makes available the written and oral evidence on these matters given by Mr Andy Burnham MP, Parliamentary Under Secretary of State in the Home Office.

Author: Libor Klimek
Publisher: Springer
ISBN: 3319073389
Category : Law
Languages : en
Pages : 376

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Book Description
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.

Author: Andrew Symeou
Publisher: Biteback Publishing
ISBN: 1849549281
Category : Biography & Autobiography
Languages : en
Pages : 312

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Book Description
2003: The European Arrest Warrant (EAW) is introduced under the Extradition Act. A mechanism intended to facilitate the speed and ease with which criminals are brought to justice, it prevents British courts from considering any evidence before extraditing a person wanted by the authorities of another European member state - a mechanism open to abuse and error. 2007: Eighteen-year-old Andrew Symeou travels to Greek island Zante to celebrate the end of exams with friends. While there, another British boy is punched in a nightclub and tragically dies two days later. The pair had never met and Andrew was in another nightclub at the time. Greek police beat witnesses, fabricate statements and pin the crime on a man from a photograph - one taken on a different night to the incident. 2008: Andrew is arrested at his north London home by British police with an EAW. He is wanted for murder. Private Eye described the Greek investigation as 'flawed, contradictory and in places ludicrous'. A British coroner slammed it as being 'a misguided effort to solve the crime'. Regardless, a British court was unable to prevent his extradition and, despite never having been questioned by police and publicly protesting his innocence, Andrew was thrown into a Greek prison with hardened criminals. He spent almost a year awaiting trial in truly horrific conditions, encountering violence, drugs, racism and rioting - the most extreme of which he witnessed in the infamous Korydallos Prison. ln 2011, Andrew was acquitted as the Greek police's case unravelled. Extradited is the honest, moving, yet witty account of Andrew's incredible fight for justice.

Author: Stefano Ruggeri
Publisher: Springer
ISBN: 3319120425
Category : Law
Languages : en
Pages : 313

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Book Description
This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.

Author: Cyrille J.C.F. Fijnaut
Publisher: BRILL
ISBN: 9004193367
Category : Law
Languages : en
Pages : 436

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Book Description
Since the early 1990s, cross-border police and judicial cooperation has become a very important domain of the European Union. The Lisbon Treaty – if accepted by all the Member States – will certainly be a major stimulus to its further development in the field of internal security as well as in the field of external policy. In any event, the recent proposal for a new third comprehensive policy programme with regard to the Area of Freedom, Security and Justice – the so-called Stockholm Programme – foreshadows some of the changes the Brussels institutions and the Member States would like to embrace in the coming years. This book contains the contributions of scholars and practitioners to a conference on the future of police and judicial cooperation in the European Union that took place in November 2008 at Tilburg University. Referring to what has been achieved in this domain since the Treaty of Maastricht, these papers not only assess the proposals that have been put forward in successive policy documents relating to the Stockholm Programme, but they also pinpoint to the ongoing problems in the theory and practice of police and judicial cooperation within the European Union and to the ways in which these questions could best be solved.

Author: Oldrich Bures
Publisher: Routledge
ISBN: 1317140419
Category : Political Science
Languages : en
Pages : 290

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Book Description
Although there is a vast body of literature covering the ongoing debates concerning the novelty and gravity of the contemporary terrorist threat, as well as the most appropriate response to it, few authors have thus far analysed the complex set of counterterrorism measures that both the individual Member States and the European Union (EU) have attempted to develop. This volume offers a critical analysis of the measures the European Union has taken to combat terrorism and how, in a number of key areas, EU counterterrorism policy is more of a paper tiger than an effective counterterrorism device. Several legal EU counterterrorism instruments have not been properly implemented at the national level and questions have been raised regarding their effectiveness, appropriateness, and proportionality. The capabilities of EU agencies in the area of counterterrorism remain rather weak and the EU Counterterrorism Coordinator does not have any real powers apart from persuasion. However, this does not mean that EU level action cannot offer any value-added in the fight against terrorism. There are several areas where the EU can provide genuine value-added in the fight against terrorism due to the transnational nature of the contemporary terrorist threat and the nature of a borderless Europe.

Author: Anthony Teasdale
Publisher: Penguin UK
ISBN: 9780141021188
Category : Europe
Languages : en
Pages : 0

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Book Description
The focus of this book is on the fifteen-member European Union but its coverage extends to many other bodies which form part of today's Europe, such as the Council of Europe, the European Economic Area and Western European Union.

Author:
Publisher: Oxford University Press
ISBN: 0198915543
Category :
Languages : en
Pages : 1345

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Author: Anneli Albi
Publisher: Springer
ISBN: 9462652732
Category : Law
Languages : en
Pages : 1522

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Book Description
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Author: The Stationery Office
Publisher: The Stationery Office
ISBN: 0108557383
Category : Business & Economics
Languages : en
Pages : 32

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Book Description
The EAW provides for the surrender from one EU Member State to another of those accused or convicted of crimes. It replaced existing extradition proceedings between Member States and was designed to speed up and simplify the transfer of suspected criminals and fugitives. Under the provisions of the Lisbon Treaty, the UK had the option to opt out of all of the pre-Lisbon Treaty EU justice and home affairs legislation. In October 2012, the Government confirmed that it would make use of this provision to opt out of approximately 130 measures and that it would seek to opt back into 35, including the EAW. On 1 December 2014 the UK's opt-out will come into effect (though negotiations are underway to extend that deadline on a transitional basis to 7 December). If the UK has not opted back in by this date, it will no longer be part of the EAW scheme. The issue of the UK's opt-in, and the EAW in particular, has become an increasingly political topic and entwined with arguments about the EU more generally. The evidence session covered a number of issues relating to the EAW. It juxtaposed the two political arguments on this controversial issue by hearing from Baroness Ludford, in favour of opting in and working to improve the legislation and Jacob Rees-Mogg MP, who opposes the opt-in, calling for an alternative system that is not coming under the competence of the European Union and it remains a matter of UK law.