About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

3 Transnat'l Crim. L. Rev. 1 (2024-2025)

handle is hein.journals/tnslcllw3 and id is 1 raw text is: Transnational Criminal Law Review (2024) 3(1): 1-17 OThe Authors 2024 THE EUROPEAN ARREST WARRANT: TWO DECADES OF VISIONS AND LEGAL REALITY INTRODUCTION TO SYMPOSIUM OF EAW 20 YEARS ON Masha Fedorova* and Sabine Glesst 1. INTRODUCTION The Member States of the European Union (EU) responded to the 9/11 terrorist attacks in the United States with the European Arrest Warrant (EAW), among other legal instruments. This heralded a new era in extradition policies in Europe. Following these attacks, the EU has expedited the adoption of two framework decisions that were being negotiated at that time: the Framework Decision on Combatting Terrorism,' and the European Arrest Warrant.2 While the first instrument requires states to align their national substantive criminal law provisions, the latter instrument replaces the traditional cumbersome extradition procedure to simplify and accelerate the surrender procedure for terrorism and other serious crimes listed in the EAW Framework Decision. It is this second Framework Decision that is at the centre of the special symposium in this issue. The underlying assumption for the development of the EAW system is that EU Member States share and practise the same standards within their judicial systems with respect of issues such as protecting human rights or ensuring adequate prison conditions. In practice, the implementation of the EAW has illuminated the differences and consequently challenged the underlying concept of mutual trust, even though all EU states are bound by the European Convention on Human Rights. Over the past two decades, the EAW has generated an immense amount of case law as well as (critical) discussion in legal practice and scholarship. The articles presented in this symposium issue, from their own perspective, shed light on the historical development of the EAW system, on the challenges and problems that arose over the years, and the crafting of solutions to resolve those challenges and problems.3 Moreover, the articles contribute to further thinking and future perspectives on transnational cooperation in criminal matters within and beyond the EU framework. Looking at the 20 years of shaping the novel procedure that replaced extradition among EU Member States, requiring a state to arrest and transfer a suspect or sentenced person to the issuing state, it is important to point out that the case law and the discussion are an acknowledgement of individual rights in transnational criminal law. Less than a century ago, they were still considered mere objects of government deals in many * Full professor of criminal law and criminal procedure and co-director of the research programme 'Interaction between national and international law' of the Research Centre for State and Law, Faculty of Law, Radboud University in Nijmegen, the Netherlands. t Full professor of criminal law and criminal procedure at the University of Basel, Switzerland. 1 Council Framework Decision of 13 June 2002 on combatting terrorism (no longer in force, date of end of validity 19 April 2017) OJ L164/3 (22 June 2002). 2 2002/584/JHA Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States OJL 190/1 (18 July 2002). 3 Miguel Jo~o Costa, Raquel Cardoso, and Vdnia Costa Ramos, 'The Second Life of the European Arrest Warrant: An Analysis of the Protective Potential of Mutual Recognition Against Extradition to Third States' (2024) 3(1) TCLR 18; Ralf Riegel and Thomas Wahl, '20 Years of the EuropeanArrest Warrant from a German Viewpoint' (2024) 3(1) TCLR 38; Balhzs J Gell6r, 'Are the Principles of Mutual Trust and Recognition in Danger of Being Eroded by the Recent Jurisprudence of the ECJ Concerning the EAW?' (2024) 3(1) TCLR 68; Rebecca Niblock, 'Post-Brexit Extradition Arrangements: The United Kingdom Perspective on the TCA' (2024) 3(1) TCLR 86; David Dickson, 'The European Arrest Warrant in Scots Law' (2024) 3(1) TCLR 94. 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most