THE EUROPEAN ARREST WARRANT

The European Arrest Warrant

The European Arrest Warrant

This paper highlights the importance and application of European Arrest Warrant in the European Union. The European arrest warrant can be defined as "a judicial decision issued by a Member State for the arrest and surrender by another Member State of a person sought for criminal prosecution or for the execution of a sentence or security measure involving deprivation of liberty.” This procedure replaces the previous instruments between member states of the European Union, including the European Convention on Extradition of 13 December 1957 and the Convention Implementing the Schengen Agreement of 19 June 1990 (www.pjcjournal.wordpress.com).

1. Positive Reputation Deserved

In 1999, the European Council discussed the principle of mutual recognition as the cornerstone of a genuine European judicial area. The European arrest warrant proposed by the Commission has replaced the previous system of extradition, which required each national judicial authority to recognise, the request of the judicial authority of another Member State regarding the surrender of an individual. From 1st January 2004, the Framework Decision has replaced the previoous texts on the subject such as:

European Convention on Extradition of 1957 and the European Convention for the Suppression of Terrorism of 1978 with respect to extradition.

Agreement of 26 May 1989 between the 12 Member States, on the simplification of the transmission of extradition requests.

Convention on simplified extradition procedure in 1995.

Convention on Extradition of 1996.

The provisions of the Schengen agreement referring to this matter (www.workingclasstory.com).

However, Member States remain free to apply and conclude bilateral or multilateral agreements to the extent that they facilitate or simplify further the procedures for surrender. The application of the above agreements shall in no case affect relations with other Member States which are not part of the agreement.

For the arrest warrant to be applied, it is necessary that the penalty for the offense is at least one year imprisonment or if the sentence or detention order has been imposed, is greater than four months (www.witteringsfromwitney.blogspot.com). The offense and the penalty shall be assessed under the law of the issuing State. At common law, as it continues to be practiced with states outside the European Union, the nature of some crimes, the personality of the offender, or the lack of incrimination identical to the requested State may result in denial of extradition.

The rules of the European arrest warrant just relax these principles. Thus, the quality of national, political nature of the offense, are no longer valid reasons for refusal. Moreover, the rule of double criminality has been arranged. Two situations are possible as well:

- First case: If the offense is on the list provided for in Article 695-23 of the Code of Criminal Procedure, and if it is punishable by at least three years in prison, states can not perform the dual control incrimination.

The list of offenses to eliminate the requirement of double criminality covers thirty-two particularly serious crimes ranging from rape or murder, fraud, through terrorism or smuggling of nuclear and radioactive ...