Handbook on the European Arrest Warrant

ISBN-13: 9789067041812 / Angielski / Twarda / 2004 / 300 str.

Rob Blekxtoon; Wouter Van Ballegooij; Antonio Vitorino

Opis

On 13 June 2002 the Framework Decision on the European Arrest Warrant and Surrender Procedures between Member States of the European Union (EAW) was adopted by the Council of the European Union. The Framework Decision must be implemented by all current and future members of the European Union in their respective legal systems. This handbook offers an introduction to the EAW, its origin and its implications. It sets out the history of extradition as a legal system and compares the EAW with the old system. It includes the full text of the EAW with commentaries per paragraph. Attention is paid to procedural rules as well as to special issues, such as the principles of reciprocity and mutual trust, ne bis in idem, verdicts in absentia and the double criminality rule. The relation of EAW with other relevant legal instruments, including those concerning human rights and procedural safeguards, is also covered.

Spis treści

General.- The Framework Decision on the European Arrest Warrant and Surrender Procedures Between Member States of the European Union.- ‘Extradition’ Without a Granting Procedure: The Concept of ‘Surrender’.- Procedural Rules.- Eurojust and the European Arrest Warrant.- Special Issues.- The Principle of Reciprocity.- Mutual Trust in (European) Extradition Law.- The European Arrest Warrant and the Principle Ne Bis in Idem.- Verdicts In Absentia.- The Double Criminality Requirement.- Implementation and Relation With Other Relevant Legal Instruments.- The European Arrest Warrant and the Echr.- Extradition and Human Rights: a Dutch Perspective.- The European Arrest Warrant and Defendants' Rights: An Overview.- The European Arrest Warrant and Transferring Execution of Prison Sentences.