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Report
AWARE: Seminar on the European Arrest Warrant and Conditions of Detention  Bremen/Germany, 24-26 October 2019
28 January 2020 (updated 5 years, 2 months ago)
Rhianon Williams Rhianon Williams in Issue 4/2019
The three-day seminar brought together 38 European judicial and legal practitioners and academics from eight EU Member States looking at use of the European Arrest Warrant. It is part of a series of seminars to be continued in Bucharest/Romania and Lisbon/Portugal in 2020. The aim of EAW AWARE is to support, discuss, and build mutual trust and recognition of decisions between neighbouring European judiciaries and to promote consistent use of the EAW tool by European bodies. Read more
EU Fundamental Rights European Arrest Warrant Judicial Cooperation
Report
The 2019 Annual Conference on International Extradition and the European Arrest Warrant  Lake Iseo, Italy, 24-25 June 2019
24 January 2020
Prof. Dr. Stefano Maffei Prof. Dr. Stefano Maffei
Legal experts met in Sarnico/Italy for the fourth edition of the international conference to brainstorm on current developments in extradition law and the practice of the European Arrest Warrant (EAW). This report summarises the presentations and looks at the Vth edition to be held in June 2020. Read more
European Arrest Warrant Judicial Cooperation
Statistics on Use of EAW in 2017 
12 January 2020
Thomas Wahl Thomas Wahl
On 28 August 2019, the Commission published statistical data on use of the European Arrest Warrant in 2017. The document, officially entitled “Replies to questionnaire on quantitative information on the practical operation of the European arrest warrant –Year 2017,” compiles data from the … Read more
EU European Arrest Warrant
CJEU: EAWs Issued from Austrian Public Prosecutor’s Office Valid 
12 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
After the CJEU decided on 27 May 2019 that the German public prosecution offices lack independence to issue European Arrest Warrants (see joined cases C-508/18 (O.G.) & C-82/19 PPU (P.I.), eucrim 1/2019, pp. 31-33), the CJEU came to a different result as regards the Austrian … Read more
EU European Arrest Warrant
Spotlight CJEU: Executing Judicial Authority Must Make Precise Assessment of Detention Conditions 
12 January 2020 (updated 2 years, 9 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2019
On 15 October 2019, the CJEU (Grand Chamber) further clarified its case law as to the conditions under which the surrender of a person sought by a EAW can be refused because standards of detention in the issuing state infringe the prohibition of inhuman or … Read more
EU Court of Justice of the European Union (CJEU) European Arrest Warrant
Spotlight FRA Report on Information about Defence Rights and Rights to Access to a Lawyer 
12 January 2020
Thomas Wahl Thomas Wahl
Full access to justice is not guaranteed, at least not in an equal way, because defendants are often poorly informed or access to legal assistance is inadequate. This is one of the main results of a report issued by the European Union Agency for Fundamental … Read more
EU European Arrest Warrant Procedural Safeguards
Guidelines Published: Deciding on Competing Requests for Surrender and Extradition 
20 December 2019
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
Eurojust published a revised version of its guidelines for deciding on competing European Arrest Warrants (EAWs) of 2004. The new guidelines enlarge the scope of the original guidelines, including scenarios for both the situation of multiple EAWs and the situation of conflicts between an EAW … Read more
EU Eurojust European Arrest Warrant
CCBE: Legality of E-Evidence Proposal Even More Questionable After CJEU’s Judgements on “Judicial Authorities” 
10 September 2019 (updated 6 years, 1 month ago)
Thomas Wahl Thomas Wahl
In a statement of 29 May 2019, the CCBE looks into the impact of the CJEU’s judgements of 27 May 2019 on the concept of judicial authority on the debated proposal for a Regulation on European Production and Preservation Orders for e-evidence in criminal matters. The CCBE argues that the exclusion of public prosecution offices not possessing the necessary independence to be a judicial authority underpins the arguments against the legality of the e-evidence proposal. Read more
EU European Arrest Warrant Law Enforcement Cooperation
CJEU: Executing MS Must Ensure Enforcement of Foreign Custodial Sentences against Residents  Poplawski II
10 September 2019 (updated 7 years ago)
Thomas Wahl Thomas Wahl
In a judgement delivered on 24 June 2019 in case C-573/17, the CJEU made fundamental statements on consequences of the primacy of Union law, the importance of interpretation in conformity with Union law, and the extent of limits to these principles. The legal background … Read more
EU European Arrest Warrant
Follow-up to the CJEU’s Judgments on the Concept of “Issuing Judicial Authority” 
10 September 2019 (updated 6 years, 1 month ago)
Thomas Wahl Thomas Wahl
Following the judgments of the CJEU in the case C-509/18 (PF) and Joined Cases C-508/18 (O.G.) & C-82/19 PPU (P.I.) - clarifying the criteria as to when public prosecution offices can be regarded as judicial authority within the meaning of Art. 6(1) FD EAW - Austria, Denmark, Italy, and Sweden issued notes clarifying the status of their public prosecution offices, which are to be regarded as judicial authorities in the opinion of these Member States. Read more
EU European Arrest Warrant
Clarifying the Concept of ‘Issuing Judicial Authority’ under the EAW 
10 September 2019 (updated 4 years ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
Eurojust compiled a country-by-country overview based on Member States' reactions to the judgments of the CJEU in joined cases C-508/18 (OG) and C-82/19 PPU (PI) and case C-509/18 (PF) on the interpretation of the concept of "an issuing judicial authority" within the meaning of Art. 6(1) Framework Decision 2002/584/JHA on the European Arrest Warrant. Read more
EU Eurojust European Arrest Warrant
Lithuanian Prosecutor General Included in the Concept of “Judicial Authority” in the FD EAW 
19 June 2019 (updated 6 years, 1 month ago)
Thomas Wahl Thomas Wahl
The Prosecutor General of Lithuania can be considered a “judicial authority” that can issue European Arrest Warrants, under the condition that his/her decisions are subject to court proceedings fully meeting the requirements inherent to effective judicial protection. It is up to the referring court to … Read more
EU European Arrest Warrant
Spotlight CJEU: German Public Prosecution Office is not a “Judicial Authority” in the EAW Context 
19 June 2019 (updated 5 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2019
German public prosecution offices may no longer issue European Arrest Warrants. With this thunderbolt, the CJEU (Grand Chamber) answered two references for a preliminary ruling from Irish courts.BackgroundIn the Joined Cases C-508/18 (OG) and C-82/19 PPU (PI), the … Read more
EU European Arrest Warrant
AG: Assessment Standards of Detention Conditions in EAW Cases 
4 June 2019
Thomas Wahl Thomas Wahl
On 30 April 2019, AG Sánchez-Bordona presented his opinion in case C-128/18 (Dumitru-Tudor Dorobantur). The request for a preliminary ruling goes back to a demand by the Federal Constitutional Court that the referring court must ask the CJEU to further determine the factors relevant to the assessment of the detention conditions in the issuing State. Read more
EU Fundamental Rights European Arrest Warrant
CJEU: Relationship Between Time Limits in the FD EAW and Surrender Detention 
4 June 2019
Thomas Wahl Thomas Wahl
In its judgment of 12 February 2019, the CJEU dealt with the implication of non-compliance with the time limits for the decision to execute a European Arrest Warrant on maintaining the requested person’s extradition detention. The CJEU ultimately had to decide whether the Dutch law implementing Framework Decision 2002/584/JHA on the European Arrest Warrant (FD EAW) and the case law of the Amsterdam courts could be upheld against Art. 6 of the Charter of Fundamental Rights of the EU (CFR). Read more
EU European Arrest Warrant
CJEU: Consequences of Failure to Refer to Additional Sentence in EAW 
18 February 2019
Thomas Wahl Thomas Wahl
On 6 December 2018, the CJEU delivered its judgment in Case C-551/18 PPU, which concerns the execution of a European Arrest Warrant (EAW) issued against IK. The judgment mainly concerns the interpretation of Art. 8 FD EAW (entitled “content and form of an EAW”), but also Art. 15 (communication of supplementary information) and Art. 27 (rule on speciality). Read more
EU European Arrest Warrant