European Implementation Assessment 2004-2020 on the European Arrest Warrant

Abstract

This article provides a summary of an assessment and conclusions on the implementation of the Framework Decision on the European Arrest Warrant (FD EAW) recently published by the European Parliamentary Research Service. It also contains recommendations on how to address the shortcomings identified. It is intended to contribute to the European Parliament’s discussions on this topic, improving understanding of the subject, and ultimately feeding into an implementation report by the European Parliament. The study concluded that the FD EAW has simplified and sped up surrender procedures, including for some high-profile cases of serious crime and terrorism. A number of outstanding challenges relate back to core debates concerning judicial independence, the nature of mutual recognition and its relationship with international and EU law and values, constitutional principles and additional harmonisation measures. Furthermore, there are gaps in effectiveness, efficiency and coherence with other measures and the application of digital tools. The study recommends targeted infringement proceedings, support to judicial authorities and hearing suspects via video-link where appropriate to avoid surrender whilst ensuring the effective exercise of defence rights, as well as a range of measures aimed at achieving humane treatment of prisoners. In the medium term, for reasons of legitimacy, legal certainty and coherence, a review of the FD EAW as part of an EU judicial cooperation code in criminal matters is recommended