Personal Freedom and Surrender

Abstract

The chapter deals with the EAW, which represents the first and currently the most important instrument of mutual recognition for Member States of the European Union. Section 8.1 analyses the forms of intergovernmental cooperation and explains the reasons and the objectives of the change from extradition to surrender procedures. Section 8.2 draws the fundamental outlines of the Framework Decision on the EAW and examines the case law of the CJEU, which has provided relevant specifications on various profiles of the latter. Section 8.3 focuses on the critical issues regarding the implementation of the Framework Decision on the EAW in Member States and on the positive results of this mechanism; furthermore, it addresses the changes made to the Framework Decision on the EAW by three subsequent framework decisions (Framework Decision 2008/909/JHA on the transfer of prisoners, Framework Decision 2009/299/JHA on the decisions rendered in absentia, Framework Decision 2009/829/JHA on supervision measures as an alternative to provisional detention): the first two modify the rules of the EAW (although only the second directly amends the original text of the Framework Decision), while the third plays a complementary role with regard to the EAW. Finally, Sect. 8.3 faces with the problem of the relationship between the EAW, based on punitive goals, and the fundamental rights protection of the requested person: from this specific standpoint, directives related to the roadmap for strengthening procedural rights and to Commission ‘package’ 2013 are analysed in detail.