EUROPEAN ARREST WARRANT AND TEMPORARY POSTPONEMENT OF SURRENDERING A SOUGHT PERSON FOR SERIOUS HUMANITARIAN REASONS – RECENT COURT PRACTICE

Abstract

Unlike the traditional form of extradition of sought persons, that was a long and complex process that did not achieve the wanted effects, the European Arrest Warrant, as a simplified form of surrendering of sought persons, has enabled free and swift flow of judicial decisions in the criminal matters in the field of freedom, security and justice. This is a legal institute of international judiciary aid that includes a high level of trust and mutual recognition between the European Union member states, based on the EU Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States 2002/584/PUP. The European Arrest Warrant stipulates, among others, the reasons for compulsory and facultative non-performance of the European Arrest Warrant, and the possibilities of temporary postponement of surrendering the sought person for serious reasons, where there is a possibility of compromising the person’s health or life (serious humanitarian reasons). In this context the author analyses, through the Croatian and the European court cases, various situations that may occur at temporarily postponing surrendering a sought person for serious humanitarian reasons. Furthermore, the author suggests solutions of various disputed questions, such as how long a temporary postponement may last, what options judicial authorities have if humanitarian reasons are expected to last longer periods of time or even permanently, and like.

Keywords

• : issuing country
• european arrest warrant
• executing country
• temporary postponement
• serious humanitarian reasons.