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AG: No Automatic Non-Execution of EAWs Issued by Poland 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
At the end of July 2020, the Rechtbank Amsterdam referred to the CJEU the question of whether the "real risk" of an unfair trial due to the lack of independence of the Polish judiciary could justify a general ban on the execution of European Arrest … Read more
EU European Arrest Warrant Judicial Cooperation
CJEU Delivers Judgment on Speciality Rule 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 24 September 2020, the CJEU ruled on a reference from the German Federal Court of Justice (Bundesgerichtshof) in an urgent preliminary ruling procedure (Case C-195/20 PPU [Generalbundesanwalt beim Bundesgerichtshof v XC]). The case concerned interpretation of the speciality rule … Read more
EU Court of Justice of the European Union (CJEU) European Arrest Warrant Judicial Cooperation
AG: Independence of Executing Judicial Authority Necessary to Decide on EAW Issues 
14 August 2020
Thomas Wahl Thomas Wahl
In his opinion of 25 June 2020, Advocate General (AG) Campos Sánchez-Bordona supports not recognising a public prosecutor’s office exposed to the risk of being subject, directly or indirectly, to directions or instructions from the executive in specific cases as an authority that can … Read more
EU Court of Justice of the European Union (CJEU) European Arrest Warrant
Statistics on Use of EAW in 2018 
14 August 2020
Thomas Wahl Thomas Wahl
On 2 July 2020, the European Commission published key statistics on the EAW for 2018. The publication is accompanied by the Commission’s implementation report on the FD EAW (see separate news item). The statistical report compiles replies to a questionnaire, providing quantitative information on … Read more
European Arrest Warrant
European Arrest Warrant: Commission Sees Highlights and Lowlights 
14 August 2020 (updated 5 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2020
The European Arrest Warrant (EAW) remains a success story, but Member States must properly implement the instruments of mutual recognition, including the EAW, to achieve the objective of developing and maintaining a European area of freedom, security and justice. This was declared by Commissioners Věra … Read more
EU European Arrest Warrant
Update on EAW Case Law 
9 July 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
In March 2020, Eurojust issued an update of its overview of the CJEU’s case law on the European Arrest Warrant (EAW) covering 46 cases from 2007 until 15 March 2020. The document contains an index of keywords, with references to relevant judgments, a chronological list … Read more
EU Eurojust European Arrest Warrant
EPRS: Implementation Assessment of EAW 
23 June 2020 (updated 5 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2020
European Parliamentary Research Service published the second part of the evaluation on implementation of the FD EAW. The comprehensive study report of June 2020 (by Dr. Wouter van Ballegooij) presents conclusions on implementation of the FD EAW and makes recommendations as to how to address the shortcomings identified. Read more
EU European Arrest Warrant
Updated Overview on Position of Public Prosecutors in Relation to the EAW 
3 April 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 30 March 2020, Eurojust published a new version of its country-by-country overview on the position of public prosecutors in relation to the European Arrest Warrant. Read more
EU Eurojust European Arrest Warrant
Spotlight Fair Trial Concerns: German Court Suspends Execution of Polish EAW 
2 April 2020 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2020
On 17 Februrary 2020, the Higher Regional Court of Karlsruhe, Germany set aside surrender of a Polish national to Poland because he might not get a fair trial there. The court implements the CJEU's Celmer judgment, arguing that recent reforms on the disciplinary regime of Polish judges probably lead to a real risk to violations of the requested person's fundamental rights. Read more
EU Fundamental Rights European Arrest Warrant
CJEU Ruling in Spanish Rapper Case: Legislation at Time of Offence is Decisive 
2 April 2020 (updated 6 years, 1 month ago)
Thomas Wahl Thomas Wahl
In the surrender case of rap artist Valtònyc , the CJEU ruled that the executing authority must take into account the law of the issuing State in the version applicable to the facts giving rise to the case in which the EAW was issued. The CJEU gives guidance on the interpretation of the double criminality requirement set out in Art. 2(2) and Art. 2(4) FD EAW. Read more
EU European Arrest Warrant
MEPs: Revision of EAW Would Open Pandora’s Box 
1 April 2020
Thomas Wahl Thomas Wahl
On 20 February 2020, MEPs discussed policy options for the European Arrest Warrant. A number of challenges were raised. MEPs are not eager to revise the FD, however, because this would open “Pandora’s box” and the achievements would (again) be at stake. Read more
EU European Arrest Warrant
EPRS Study on European Arrest Warrant 
1 April 2020
Thomas Wahl Thomas Wahl
An EPRS report observes that the FD EAW is generally recognised as a successful instrument; however, its application has triggered a number of problems: Also, requested persons experienced difficulties in effectively exercising their procedural rights. Read more
EU European Arrest Warrant
AG Opinion in EAW Case against Rapper: Legislation at Time of Offence Governs Interpretation of Thresholds 
22 February 2020 (updated 6 years, 1 month ago)
Thomas Wahl Thomas Wahl
On 26 November 2019, Advocate General (AG) Michal Bobek issued his opinion in the extradition case of rapper Valtònyc. The CJEU has to interpret Art. 2(2) of the 2002 Framework Decision on the European Arrest Warrant (FD EAW) following a request for preliminary ruling … Read more
EU European Arrest Warrant
Spotlight CJEU Clarifies its Case Law on Concept of “Judicial Authority” Entitled to Issue EAWs 
22 February 2020 (updated 5 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2019
On 12 December 2019, the CJEU provided further guidance under which conditions public prosecutor’s offices can be regarded as “issuing judicial authority” within the meaning of Art. 6(1) of the 2002 Framework Decision on the European Arrest Warrant (FD EAW). Uncertainties were triggered after the … Read more
EU Court of Justice of the European Union (CJEU) European Arrest Warrant Judicial Cooperation
FRA Report on Detention Conditions– New Tool for Legal Practitioners Dealing with EAWs 
17 February 2020 (updated 1 year, 2 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2019
In December 2019, FRA published a report on criminal detention conditions in the EU.The report responds to the Commission’s request to compile certain basic information on prison conditions and existing monitoring mechanisms in Member States. FRA stresses that the report does not intend … Read more
EU Agency for Fundamental Rights (FRA) European Arrest Warrant Judicial Cooperation
New Online Database on Conditions and Monitoring of Criminal Detention 
17 February 2020 (updated 1 year, 2 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2019
FRA offers a new database on detention conditions in all 28 EU Member States on its website. This new Criminal Detention Database 2015-2019 offers information about selected core aspects of detention conditions such as cell space, sanitary conditions, access to healthcare, and protection against violence. … Read more
EU Agency for Fundamental Rights (FRA) European Arrest Warrant Judicial Cooperation