EAW news

The ECBA is launching a statement on Mutual Recognition of Extradition Decisions

Across Europe, persons who have been successful in challenging INTERPOL red notices, extradition requests or EAW proceedings face the risk of re-arrest and extradition or surrender, particularly when such persons cross borders. This is the case even where a successful challenge has come about because of the risk of a violation of human rights or political persecution that applies equally throughout Europe. They are thus de facto deprived of their right to freedom of movement and effective protection of their human rights, and lack remedies to avoid being re-arrested in all remaining EU and Council of Europe countries.

 What does the ECBA propose?

 Member States of the EU should to give effect to the principles of mutual trust and mutual recognition, the right to liberty, and right to freedom of movement within the EU. See the full text of the ECBA statement here.

Advocate General's opinion on the preliminary reference procedure on the question of the independence of the Judiciary

Cases in reference C‑354/20 PPU and C‑412/20 PPU. On his view, the worsening of the generalised deficiencies affecting judicial independence in Poland do not justify the automatic non-execution of every European Arrest Warrant issued by that Member State. The cases were triggered by the Amsterdam District Court demand for further guidance on meaning of mutual trust between judicial authorities in the EU and how it would be impacted by concerns with the rule of law in Member States.

Do you want to read more? Click here.

European Commission releases a report on EAWs: implementation issues on Member states 

On 2 July 2020 the European Commission released a report on the on the implementation of Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States. The report approached the overall satisfactory application of the Framework Decision, still, highlighting a need for a more uniform application. "[T]he assessment of national implementing measures has also demonstrated certain issues of compliance in some Member States. Unless remedied, such deficiencies limit the effectiveness of the European arrest warrant", as the repport attested. 

To see the full report click here

The impact of Petruhhin mechanism on EAW

On the 17th of December 2020, the Court decided on case C-398-19, Generalstaatsanwaltschaft Berlin (Extradition vers l'Ukraine). The case defined that the Member State of nationality must be informed by the Member State from which extradition was requested of the request elements and must be offered  the time to issue and EAW to its citizen.

Check the decision here.

The Court of Justice applies its case law on the independence on issuing judicial authorities to executing judicial authorities 

The Court of Justice delivered a judgement on the 24 November 2020 on case C-510/19 in the sense that Public prosecutors in the Netherlands do not constitute an ‘executing judicial authority’ in connection with the execution of a European arrest warrant. The reason for such opinion is that they may be subject to instructions in specific cases from the Netherlands Minister for Justice. Hence, the Court found that the Dutch Prosecutor’s Office does not meet the conditions of an ‘executing judicial authority’

If you want to read more, check the case.

The Court of Justice has judged the case C-649/19, Spetsializirana prokuratura (Déclaration des droits)

The case concerned the relationship between the EAW and Directive 2012/13/EU. On 28 January 2021 the Court of Justice, following the opinion of Advocate General AG Pikamäe, decided that certain rights under the Directive on the right to information in criminal proceedings do not apply to arrests related to a EAW.

If you want to read more, check the case.

The Court of Justice decided that to comply with Article 8(1)(c) FD EAW national measures must be coercive

On January 13th 2021 the Court of Justice delivered the preliminary ruling on the case MM, C-414/20 concerning invalidity of an EAW, due to the absence of a judicial remedy against the decision to issue an EAW and the consequences for detention in the issuing MS of surrender on the basis of an invalid EAW. The case referred to an order placed under the Bulgarian investigating body to inform the accused of the charges, which led to an EAW. The Court decided that a “European arrest warrant must be regarded as being invalid when it is not based on a national arrest warrant or any other enforceable judicial decision having the same effect”.

See the complete press release click here.