The European Arrest Warrant in Practice

Under the European Arrest Warrant (EAW) system, Member States of the European Union are under the obligation to arrest and surrender individuals upon the request of judicial authorities of other Member States. In doing this, it is important that human rights are respected and that there is room for national peculiarities. Awareness of what unites the Member States as well as respect for what makes them different, are prerequisites for a fruitful cooperation. This book will be a useful tool for those involved as practitioners in cooperating under the EAW scheme, e.g. judicial authorities, judges, and counsel representing and advising those who are subject to surrender. Moreover, it will evoke academic interest for its information on EAW practice. The reader will find comments on the various stages of the surrender procedure in a chronological order, starting with the content of the European Arrest Warrant, continuing with the refusal grounds, and ending with the consequences of surrender. The scope of the book goes beyond the frontiers of the European Union. Two chapters deal with other (regional) extradition systems: the one of the Nordic countries and the one of the United States. Nico Keijzer is a former justice in the Supreme Court of the Netherlands, and emiritus Professor of international criminal law at Tilburg University, the Netherlands. Elies van Sliedregt is Professor of criminal law at the VU University in Amsterdam, the Netherlands.

Autorentext

Now retired, Nico Keijzer has taught criminal law at Vrije Universiteit, Amsterdam and at the Universiteit van Tilburg, and has served as a judge in the Supreme Court of the Netherlands. Elies van Sliedregt is Professor of Criminal Law including International Criminal Law at Vrije Universiteit, Amsterdam. In the past she has served on the defence team before the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda.

Klappentext
the EU Member States are equally authoritative, which leads to serious compli- tions. After all, translations are always inferior to the original texts. The conclusion by Advocate-General Kokott in the Pupino case may lead to a practical solution: just use the language/text that reflects the intention of the drafters of the Fra- work Decision most clearly, regardless of the 'nationality' of the case. In the case of the EAW Framework Decision the French text is more authentic than any other text: reliable information from Brussels has taught me that all language versions have been translated from the French. Moreover, the negotiations on this Fra- work Decision were mostly in French. And so I can now return, with a clear conscience, to my natural state: easygoing if not actually lazy. Judge Rob Blekxtoon VII Chapter 0 INTRODUCTION We, Europeans, are participants in the shaping of Europe as a political, cultural and constitutional community, a common home in a messy world. We, lawyers, are responsible for channelling this process and for guarding balance. The balance we have to guard is between the three identities of every European citizen: his or her European, national and individual identity. For our European identity to bloom, it is necessary that our national and individual identities also bloom.

Inhalt
The Content of A European Arrest Warrant.- Consent Procedure.- Detention.- The Dual Criminality Requirement.- Surrender of Nationals.- Locus Delicti Exceptions.- European Arrest Warrant In Practice and Ne Bis In Idem.- Statutory Limitations.- Human Rights as A Barrier to Surrender.- European Arrest Warrants Immunities and Amnesties.- Humanitarian Concerns Within The Eaw System.- The Principle of Proportionality: Alternative Measures to The European Arrest Warrant.- Denial of Guilt.- Abuse of The European Arrest Warrant System.- Speciality Rule.- The Handing Over of Property According to Article 29 of The European Arrest Warrant Framework Decision: Legal Scope, Implementation and Alternative Regimes For Handing Over Property In The Eu Member States.- The Eaw in Practice in The United Kingdom.- Prisoner Transfer within The European Union: The European Enforcement Order and Beyond.- Extradition Between Nordic Countries, and The New Nordic Arrest Warrant.- Extradition in The United States.