Abstract
Extradition is one of the issues that Europe was committed from the outset, so the first convention about this issue was made in 1957 by the Council of Europe. The European arrest warrant was established by an EU framework decision in 2002. With the ratification of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State, EAW abolished formal extradition between EU Member States and replaced it by a system of surrender. The EAW radically changed existing arrangements of cooperation (however the EU Member States may continue to apply bilateral or multilateral agreements between EU member States). The purpose was to eliminate differences among legal systems in all Member States, when these are contrasting with EU minimum standard. Member States are obligated to implement framework decision into national legislation.
Highlights
More than seven years have passed since the Council Framework Decision of 13 June 2002 on the European arrest warrant (EAW) and the surrender procedures between Member States entered into operation on 1 January 2004
Bearing in mind the differences between the Member States legal systems, in case where undertaking non-legislative measures will not be satisfactory, the Council agreed to reexamine this issue in the future
The core principles underlying the EAW, such as the abolition of double criminality, are unlikely to be changed despite human rights concerns
Summary
More than seven years have passed since the Council Framework Decision of 13 June 2002 on the European arrest warrant (EAW) and the surrender procedures between Member States (hereinafter „the Council Framework Decision‟) entered into operation on 1 January 2004. Any amendment of the Council Framework Decision means that the new rules introduced by the Lisbon Treaty for the adoption of legislative measures in this area will apply These rules include co-decision between the European Parliament and Council and the possibility of the non-participation of some Member States. Another important effect of the Lisbon Treaty is that it makes the EU Charter of Fundamental Rights legally binding. The Commission has recently adopted a strategy to ensure respect for the EU Charter of Fundamental Rights and this will inform its approach to all new and existing legislative and non-legislative initiatives (including the EAW) as well as the approach of Member States when they are implementing or applying the Council Framework Decision. The EAW is the victim of its own success
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