The ImprovEAW-project concerns European Arrest Warrant proceedings in seven Member States
(Belgium, Greece, Hungary, Ireland, the Netherlands, Poland and Romania). Maastricht Law Series
No. 23 contains the country reports for Greece, the Netherlands and Poland. ImprovEAW is a follow
up to an earlier project that focused on In Absentia Judgments (Maastricht Law Series No. 12).
This book looks at various other aspects of the EAW surrender procedure that are problematic in
practice, such as the information to be provided in the European arrest warrant, the status of the
issuing authority and differences in implementation in the Member States. It also goes more into
detail as it aims to present an alternative to the European Commission's outdated Handbook on
how to issue and execute a European arrest warrant. This study ends with a proposal to create
a procedure that complies with the demands of a dual level of protection, which takes place
after arrest of the requested person in the executing Member State. The present research report
is completed with a hands-on set of Common Practical Guidelines on issuing and executing
EAWs for practitioners.
Reihe
Sprache
Verlagsort
Zielgruppe
Produkt-Hinweis
Maße
Höhe: 244 mm
Breite: 170 mm
Dicke: 23 mm
Gewicht
ISBN-13
978-94-6236-327-4 (9789462363274)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Renata Barbosa is a researcher at Maastricht University. Vincent Glerum is a senior legal advisor (District Court of Amsterdam) and a professor of international criminal law (University of Groningen). Hans Kijlstra is a judge at the District Court of Amsterdam. André Klip is a professor of criminal (procedural) law (Maastricht University), a member of the Royal Netherlands Academy of Sciences and a judge ('s-Hertogenbosch Court of Appeal). Christina Peristeridou is an assistant professor at Maastricht University.
1 Introduction; 1.1 The ImprovEAW project; 1.2 Genesis of the report; 1.3 Brief outline of the report; 2 Transposition and implementation of the Framework Decision; 2.1 Introduction; 2.2 Infringement procedures; 2.3 Grounds for refusal and guarantees; 2.4 Human rights concerns and detention conditions: the two-step test; 2.5 Issuing an EAW; 2.6 Executing an EAW; 2.7 Central authorities; 2.8 Language requirements; 2.9 Conditional surrender; 2.10 Recommendations; 3 The EAW-form; 3.1 Introduction; 3.2 Section (a) of the EAW-form; 3.3 Section (b) of the EAW-form; 3.4 Section (c) of the EAW-form; 3.5 Section (d) of the EAW; 3.6 Section (e); 3.7 Section (f) of the EAW-form; 3.8 Section (g) of the EAW-form; 3.9 Section (h) of the EAW-form; 3.10 Section (i) of the EAW-form; 4 Problems not directly related to the EAW-form; 4.1 Introduction; 4.2 Supplementary information - Art. 15(2)-(3) of FD 2002/584/JHA; 4.3 Detention conditions and deficiencies in the system of justice; 4.4 Guarantee of return - Art. 5(3) of FD 2002/584/JHA; 4.5 Time limits - Art. 17 of FD 2002/584/JHA; 4.6 Recommendations; 4.7 New structures of cooperation in criminal matters with and within the EU; 4.8 Speciality rule; 5 Synthesis; 5.1 Introduction; 5.2 The legal framework; 5.3 Organisation and communication; 5.4 Supplementary information and mutual trust; 5.5 The Handbook (a window of opportunity); 5.6 COVID-19; 6 An Integrative Approach to Decisions and a Coordinated Application of Legal Instruments; 6.1 Introduction; 6.2 Starting point; 6.3 Debating the need for a national arrest warrant and the need for an EAW; 6.4 Where to hear the requested person and by whom?; 6.5 Final stage: the executing authority assessing the EAW; 6.6 Recommendations to the European Union; Annex I: Recommendations per chapter; Annex II: Common Practical Guidelines; Annex III: Questionnaire Improving Mutual Recognition of European Arrest Warrants through Common Practical Guidelines; Biographical notes
