The principle of mutual recognition—success or failure?

Abstract

The Council Framework decision on the EAW provides for the mutual recognition of European Arrest Warrants issued by judicial authorities in EU member states. The notion judicial authority is, however, not the same throughout the EU. While most Member States consider prosecutors as judicial authorities, others don’t and have difficulties to accord EAWs issued by prosecutors the same recognition as those issued by judges. Mutual recognition and trust are also undermined by EAWs issued for minor offences and by long pre-trial detention. In addition, the quality of information provided under an EAW differs even within Member States. Although the EAW has been a success, a lot of work is still to be done to make cooperation between judicial authorities more effective.