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AG: EAWs Cannot Be Refused if there Are no Systemic & Generalised Deficiencies of Fair Trial Protection 
1 August 2022 (updated 3 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
In his opinion of 14 July 2022, AG Richard de la Tour took the view that a judicial authority cannot refuse to execute a European Arrest Warrant on the basis of the risk of violation of the right to a fair trial of the person sought if the existence of systemic or generalised deficiencies affecting the judicial system of the issuing Member State has not been demonstrated. Read more
EU Fundamental Rights European Arrest Warrant
CJEU Gives Guidance on Double Criminality Test 
31 July 2022 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl
In a case that involves convictions in the context of the riots at the G8 summit in Genoa (Italy), the CJEU had occasion to determine the scope of the condition of double criminality in European arrest warrant cases. According to the judges in Luxembourg the executing authority does not need to assess the accordance of the legal interests protected by the criminal laws of the issuing and executing State. Read more
EU European Arrest Warrant Judicial Cooperation
Commission Guidelines on Extradition to Third Countries 
6 July 2022 (updated 3 years, 2 months ago)
Thomas Wahl Thomas Wahl
On 7 June 2022, the Commission presented guidelines on extradition to third countries. The guidelines include practical guidance regarding the extradition of EU citizens to third countries after the CJEU's Petruhhin judgment and advice on handling unfounded/abusive extradition requests, such as politically motivated Interpol Red Notices. Read more
EU European Arrest Warrant Judicial Cooperation
Spotlight ECBA Requests Mutual Recognition of Certain Extradition Decisions in Favour of Individual 
30 June 2022 (updated 1 year, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
In June 2022, the European Criminal Bar Association (ECBA) published a statement on mutual recognition of extradition decisions. The statement deals with the situation that individuals have currently no means or legal remedies to successfully and effectively challenge Interpol Red Notices or alerts in … Read more
EU European Arrest Warrant Judicial Cooperation Ne bis in idem
CJEU Interprets Time Limits for Surrender in FD EAW 
18 May 2022
Thomas Wahl Thomas Wahl
In the case C-804/21 PPU (C and CD), the CJEU had the opportunity to decide on the consequences of the time limits set out in Art. 23 of the Framework Decision 2002/584 on the European arrest warrant (FD EAW). Pursuant to Art. 23 … Read more
EU European Arrest Warrant
Spotlight CJEU: No Carte Blanche to Refuse EAWs from Poland 
14 April 2022 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2022
In its judgments of 22 February 2022 in the Joined Cases C-562/21 PPU and C-563/21 PPU, the CJEU upheld its case-law on the refusal of European Arrest Warrants (EAWs) issued by Polish authorities if the requested person put forward infringements of fair trial. The … Read more
EU Fundamental Rights European Arrest Warrant
AG: Unlawful Appointment of Polish Judges Does Not Justify Non-Execution of EAWs per se 
20 January 2022 (updated 4 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2021
According to an opinion by AG Rantos, national courts cannot refuse executing EAWs only because the appointment of Polish judges was unlawful. Courts must strictly follow the line established by the CJEU in LM. However, the recent judgment by the Polish Constitutional Tribunal that questioned the primacy of Union law may cast doubts on Poland's compatibility with essential fundamental rights and may justify refusals. Read more
EU Fundamental Rights European Arrest Warrant Procedural Safeguards
CJEU: Amnesty Does Not Preclude Issuance of EAW 
19 January 2022
Thomas Wahl Thomas Wahl
On 16 December 2021, the CJEU ruled that a European arrest warrant (EAW) may be issued even if the underlying criminal proceedings have been resumed after an amnesty. The case refers to criminal proceedings before a Slovak criminal court which reexamines criminal offences committed by Slovakian security officers in the 1990es. Read more
EU European Arrest Warrant Ne bis in idem
CJEU: Surrender Provisions in TCA also Binding on Ireland 
18 January 2022
Thomas Wahl Thomas Wahl
According to the CJEU, the provisions in the Withdrawal Agreement concerning the European arrest warrant regime with respect to the United Kingdom and the provision in the Trade and Cooperation Agreement between the EU and the United Kingdom concerning the new surrender mechanism are binding on Ireland. The country cannot play its opt-in card. Read more
EU Area of Freedom, Security and Justice European Arrest Warrant Judicial Cooperation
CJEU Clarifies Right to be Heard in EAW Cases 
18 January 2022
Thomas Wahl Thomas Wahl
The CJEU ruled on the question at which place and according to which procedures a person can exercise his/her right to be heard if the issuing authority had issued a request for additional prosecution for offences committed prior to the surrender (exception of the specialty rule). Read more
EU European Arrest Warrant
Commission and Council Discuss Way Forward on Pre-Trial Detention and Detention Conditions 
22 October 2021 (updated 3 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
On 7 October 2021, the Justice Ministers of the EU Member States discussed the need for action on pre-trial detention and detention conditions in the EU. The discussion was based on a non-paper by the European Commission of 24 September 2021. Read more
EU European Arrest Warrant Procedural Safeguards
Eurojust Updates its EAW Report 
20 September 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 6 July 2021, Eurojust published an update of the report on its casework in the field of the European Arrest Warrant (EAW), analysing the application of the Framework Decision on the EAW in the EU Member States from 2017 to 2020. Based on … Read more
EU Eurojust European Arrest Warrant
EAW e-Learning Course: Implementing EAW and Promoting Human Rights 
4 August 2021
Thomas Wahl Thomas Wahl
Partners of the AWARE network developed an e-learning course on “Implementing the European Arrest Warrant (EAW): Promoting Human Rights”. The course is designed for judges and prosecutors (estimated duration: 5h). A circumscribed version is aimed at judicial practitioners, including lawyers, NGOs, academia and researchers … Read more
EU Fundamental Rights European Arrest Warrant Judicial Cooperation
Report
Criminal Proceedings in the EU – the need for more procedural rights?  Thursday, 8 July 2021, 12.00-14.00 CEST, Zoom, organised by the Academy of European Law (ERA)
27 July 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
A webinar discussed the possible need for further procedural rights in the EU. Two distinguished defence lawyers active in the ECBA guided participants through the ideas on the future development and assessment of procedural rights in criminal proceedings. Participants mainly discussed the future EU path in the areas of pre-trial detention and the EAW, minimum standards in trials, and admissibility/exclusion of evidence. The debate contributed to the Conference on the Future of Europe. Read more
EU Area of Freedom, Security and Justice European Arrest Warrant Ne bis in idem Procedural Safeguards
AG: Amnesty Does Not Trigger ne bis in idem Protection 
7 July 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
In the framework of a reference for a preliminary ruling by a Slovak court, the CJEU has to deal with the question whether the EU-wide ne bis in idem principle precludes the issuance of a European Arrest Warrant (EAW) when an amnesty had been granted. … Read more
EU European Arrest Warrant Ne bis in idem
CJEU Clarifies Scope of Ne Bis in Idem Principle Involving Sentences by Third Countries 
20 May 2021 (updated 3 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
On 29 April 2021, the CJEUdelivered a judgment on interpretation of Art. 4(5) of the Framework Decision on the European Arrest Warrant (FD EAW) for the first time. It also decided that convictions combined with leniency measures in third countries can be a ground for refusing the execution of an EAW. Read more
EU European Arrest Warrant Ne bis in idem