The European arrest warrant

Abstract

The paper portrays the new European Union extradition system, established by the Framework Decision on the European arrest warrant and the surrender procedures between Member States of 2002. In the introductory remarks, the author explains the formation and development of the traditional extradition procedure, depicts relevant legal sources, and points to its flaws, which boil down to tardiness and inefficiency. The main author's standpoint is that the European arrest warrant is based on mutual trust in the member-states' legal systems, and that it depoliticizes the extradition procedure by transforming interstate cooperation into cooperation between member - states' law enforcement authorities. On these grounds, the author determines the nature of this new legal institute, that introduces radical changes into the paradigm of the classical extradition, and explains its main features as well as the scope of application. Further on, the paper explores the conditions for issuance of the European arrest warrant, which are proscribed by negative formulations - as absolute and relative obstacles for extradition. Finally, the author explains the standardized formal elements of the European arrest warrant content, which should make its application easier and more expeditious.

Keywords

• international criminal legal aid
• extradition
• European arrest warrant
• double jeopardy
• ne bis in idem