HR and xtradiction and EAW
10 important questions on HR and xtradiction and EAW
What is importantt in the eaw?
Art.5 EAW life sentenceS?
What is the evolution to a more speedfull instrument?
Agreement 1995 simplified extradition
Case where person involved consents, agrees to be extradited
Agreement 1996 extradition
Framework Decision Arrest Warrant and Surrender Procedures 2002:
= the end of extradition within EU!
Note the historical context! (9/11)
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When can you issue fw eaw? For what kind of sentece?
Sentences of at least 4 months
Acts punishable by the law of the issuing MS for a maximum period of at least 12 months
But in those cases: control of double criminality
Which offences and how does the eaw handle double criminality?
32 offences (categories of offences) exhaustive list
if they are punishable in the issuing MS for a maximum period of at least 3 years (= ‘min max penalties’)
What are grounds of refusal under EAW?
Optional grounds for non-execution (Art. 4) (e.g. some tax offences, prosecution in executing MS, prosecution time-barred, judgments in absentia (Art. 4a))
No refusal for own nationals! (= classical obstacle)
Eaw german constitutional court
Obligation for national legislator to make use of all optional grounds for refusal allowed by FD?
German implementation law of FD on EAW did not include all optional grounds for refusal
Hence: German implementation law violates the German Constitution!
Important
Court did not question of legality EAW FD
But focused on German implementation law
Conclusions
Pre-Lisbon: National legislators cannot go against their own Constitution even when implementing Third Pillar EU-law (some MSs had to amend their constitution!)
Does maximal use of optional exceptions undermine harmonization effort of FD?
How is decided that optional grounds of refusal should be treated?
CJEU (Poplawski case): NO, should leave it to judges in individual cases
What are the strict time limits eaw art.17
with consent : 10 days
without consent : 60 days after arrest
if not : inform immediately the issuing MS
+ 30 days
After the decision to surrender the person:
ASAP or maximum 10 days after final decision
if not : immediate contact with the issuing MS
maximum 10 days after new date
Certain (minimal) rights for person which is due to be surrendered
Which guarantees can a state ask for under eaw?
Prosecution national or resident Executing MS: conditional surrender – person returned to Executing MS (= state residence or nationality) for execution of sentence (Art. 5(3))
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