The European Arrest Warrant Project A short overview

The European Arrest Warrant Project A short overview of AGIS 2004 Project JAI/2004/AGIS/043 EAW Conference Noordwijkerhout June 2006 1

AGIS 2004 n n n Introduction Recognition of existence of a single law enforcement area Ø Area of Freedom, Security and Justice Enhancement of judicial cooperation in criminal matters. Replace within Europe with open borders existing extradition procedures by surrender procedures Introduce “new approach” of mutual recognition based on mutual trust Establish direct contacts between “issuing” and “executing” judicial authorities; end involvement of administration EAW Conference Noordwijkerhout June 2006 2

AGIS 2004 Introduction Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States. n n Part of a general programme to implement mutual recognition of judicial decisions in criminal matters Implementation accelerated following events of 11 September 2001 EAW Conference Noordwijkerhout June 2006 3

AGIS 2004 Introduction Explicit objectives of the Framework Decision: n n Expedition and simplification of extradition procedures (max. 90 days duration) Establishment of direct contacts between judicial authorities Introduction of standard form to obtain surrender Ø The European Arrest Warrant Suppression of double criminality requirement for 32 categories of crimes EAW Conference Noordwijkerhout June 2006 4

AGIS 2004 Introduction Implicit objectives of the Framework Decision: n n n Reduce involvement of national politicians Trust in common level of human rights protection in all Member States Abolition of the nationality exception EAW Conference Noordwijkerhout June 2006 5

AGIS 2004 The EAW Project “Triggers” for the project: n n Framework Decision Handbook European Arrest Warrant Specific problems addressed by the project: n n n Framework Decision is first instrument to apply the principle of mutual recognition of judicial decisions in criminal matters Radical change in judicial cooperation due to mutual recognition Status and enforcement of third pillar legislation EAW Conference Noordwijkerhout June 2006 6

AGIS 2004 n n n n Project partners JUSTICE, London Max Planck Institute for Foreign and International Criminal Law, Freiburg Faculty of Law, University of Lund, Lund European Criminal Bar Association (ECBA), London/Maastricht Amsterdam Centre for International Law (University of Amsterdam), Amsterdam Ministry of Justice of Romania, Bucharest T. M. C. Asser Instituut, The Hague Centre of Information Services for MP’s of the National Library of Estonia, Tallinn EAW Conference Noordwijkerhout June 2006 7

AGIS 2004 Project supporters & experts Supporters: n Eurojust, The Hague n International Association of Prosecutors, The Hague n Association Internationale de Droit Penal, Vienna n Centre of Research in Criminal Sciences Fernand Boulan, Aixen-Provence Experts: n Active network of experts in 24 out of 25 Member States (exception: Malta) plus: n Bulgaria, Romania, Croatia, Norway and Switzerland. EAW Conference Noordwijkerhout June 2006 8

AGIS 2004 n n n Project objectives (1) Set up network of experts in Member States, provide project with systematic analysis of implementation of Framework Decision on European Arrest Warrant, relevant national case law, and practice Present systematic overview (in English) of relevant national (implementation) legislation and practice in Member States, candidate countries, and Schengen partners Create platform for discussion and exchange of information EAW Conference Noordwijkerhout June 2006 9

AGIS 2004 n n Project objectives (2) Increase knowledge regarding Ø implementation of the Framework decision on the European Arrest Warrant in the Member States Ø preparations in candidate countries Ø relations with Schengen partners (esp. Norway, Iceland) Increase knowledge regarding functioning of surrender procedures based on European Arrest Warrant in the 25 Member States EAW Conference Noordwijkerhout June 2006 10

AGIS 2004 Project means n Acquisition and publication of relevant legislation, official documents, case law, articles and commentaries n Send out standard Questionnaire to correspondents, resulting in country reports n Provide standard form for reporting and publishing of case law n Provide tools for comparative law analysis EAW Conference Noordwijkerhout June 2006 11

AGIS 2004 Project results Website www. eurowarrant. net with: n n n Country-reports received from 19 out of 25 Member States National implementation legislation for 25 Member States Official documents Case law from several Member States and the European Court of Justice Articles and commentaries EAW Conference Noordwijkerhout June 2006 12

AGIS 2004 General observations (1) n Surrender procedures based on a European Arrest Warrant are in place in 24 out of 25 Member States n In some Member States constitutional issues have arisen, resulting in necessary changes of the Constitution or annulment of national implementation legislation n In practice executing judicial authorities in certain Member States varify whether box was correctly ticked EAW Conference Noordwijkerhout June 2006 13

AGIS 2004 General observations (2) n Two main goals of Framework decision on the European Arrest Warrant, that is to Ø Simplify procedures Ø Expedite procedures prove a success with average duration of procedure reduced from 9 months to 1, 5 months n Some Member States limit the scope of sensitive list items. For instance, no surrender for ‘murder’ in case of abortion. EAW Conference Noordwijkerhout June 2006 14

AGIS 2004 General observations (3) n Direct contacts between judicial authorities but administration seems to remain involved in certain Member States at least n The double criminality requirement is abolished in the legislation of most Member States n In practice however, a double criminality check is reintroduced regarding nationals and maintained for sensitive list items EAW Conference Noordwijkerhout June 2006 15

AGIS 2004 General observations (4) n The legislation and practice of certain Member States suggest less than unconditional trust in the warranting of human rights in the requesting Member State n There now exists an almost complete collection of documents and information, including some otherwise sometimes very difficult to find EAW Conference Noordwijkerhout June 2006 16

AGIS 2004 n n Tendencies & Expectations Problems remain but in general the EAW procedure is functioning Second Commission report on the implementation of the Framework Decision expected this month The project website will be maintained and updated, also after project ends New proposal made under AGIS 2006. Builds on existing project, continued collaboration with network of experts > new proposal will be “real” research project EAW Conference Noordwijkerhout June 2006 17

AGIS 2004 The European Arrest Warrant - The Reality of a Vision 16 & 17 June 2006 EAW Conference Noordwijkerhout June 2006 18