EUROPEAN ARREST WARRANT

EUROPEAN ARREST WARRANT



EUROPEAN ARREST WARRANT

Introduction

“Extradition is the delivery of an accused or a convicted individual to the state where it is accused of, or has been convicted of a crime by the state on whose territory the happens for the time to be.” From the number of years, there is a complexity in the United Kingdom extradition law. In year 2001, Home office published a consultation paper known to be as The Law Of Extradition: A Review, in order to propose a four tier system (Sugman, 2004). It was suggested that the simple warrant of arrest would be replaced with extradition request and would also transmit to the court via through home headquarters. European Arrest Warrant had a process in good way until they take immediate steps ahead till 11 September 2001. EU home affairs arrived principle of justice in European Parliament (2001). The most relevant part of that framework comes into force in January 2004.

In this paper I will discuss the major consequence of execution of European Arrest Warrant in year 2002 and the reason to identify that why number of individuals came up with too much criticism on it. In later part of this paper I will conclude that the number of reform that are required to avoid criticism.

Discussion

The European Arrest Warrant

The EAW was adopted in year 2002 that replace the extradition system by requiring judicial authority after recognize minimum formalities and requested surrender of a person. The EWA framework defines that there is any judicial decision with a view to arrest by the member that are not parties to them. EAW served the purpose of unifying extradition systems within Europe & enabling faster simplified surrender procedures.

In other circumstances, the executive member of the state might be refuse or executing the arrest warrant and the it may also refuse to it when the person concerned dot not personally appear the time of trial where the decision was rendered unless the appropriate safeguards were taken out.

In year 2002, the European Union has created the European Arrest Warrant (EAW) it was the fasted track and the system for surrendering people from a single country to another, in order to face serve or trial of prisoner.

Extradition

This should be noted that the Extradition requires distinguishing from the expulsion where the foreign nationals leave to the country as ordered from a court or deportation by the police after using force. The above action is normally taken by the immigration securities in order to secure their country.

Rules of state

There are the rules of the state which have to be observed in order for extradition to take place.

No extradition for political reasons

Article 3, Political offense paragraph 2 allows the requested party to refuse the ordinary criminal offense extradition that requesting was made for the purpose of punishing and prosecuting a person on account of race, nationality of religion (Spencer, 2004), but the requested party can no adapt the extradition over the bases of politics.

Non-refoulment

In Article 14 of the Human Rights universal ...