EAW: Next Steps, Will Pandora’s Box Be Opened?
Vincent Glerum
University of Groningen , Netherlandshttps://orcid.org/0000-0001-7668-1939
Hans Kijlstra
Former senior judge in the District Court of Amsterdam , Netherlandshttps://orcid.org/0009-0002-7451-1762
Abstract
The authors advocate operational improvement of the European Arrest Warrant system. When applying the judicial cooperation instruments concerning criminal matters, more attention should be devoted to the requirements of proportionality, effective judicial protection, and coherence. The power to issue an EAW should be more circumscribed whereas executing authorities should be allowed more flexibility in the decision making process as far as the execution of an EAW is concerned. The authors conclude by sketching amendments to the legal and practical framework and the efforts required to implement them as well as by addressing the issue of political feasibility.
Keywords:
FD 2002/584/JHA, European Arrest Warrant, proportionality, effective judicial protection, coherenceReferences
Barbosa, Renata, Vincent Glerum, Hans Kijlstra, André Klip, and Christi¬na Peristeridou. Improving the European Arrest Warrant. The Hague: Eleven, 2022.
Brodersen, Kei Hannah, Vincent Glerum, and André Klip. The European Arrest Warrant and In Absentia Judgements. The Hague: Boom, 2020.
Brodersen, Kei Hannah, Vincent Glerum, and André Klip. “The European Ar¬rest Warrant and in absentia Judgements: The Cause of Much Trouble.” New Journal of European Criminal Law 13, no. 1 (2022): 7–27. (Crossref)
Glerum, Vincent. Tussen vrijheid en gebondenheid. Het Europees aanhoudings¬bevel 2.0. Deventer: Wolters Kluwer, 2022.
Glerum, Vincent, and Hans Kijlstra. “Practice in the Netherlands.” In Euro¬pean Arrest Warrant. Practice in Greece, the Netherlands and Poland, edited by Renata Barbosa, Vincent Glerum, Hans Kijlstra, André Klip, Christi¬na Peristeridou, Małgorzata Wąsek-Wiaderek, and Adrian Zbiciak, 93–236. The Hague: Eleven, 2022.
Klip, André. “Eroding Mutual Trust in an European Criminal Justice Area with¬out Added Value.” European Journal of Crime, Criminal Law and Criminal Justice 28, no. 2 (2020): 109–119. (Crossref)
Klip, André. “A Next Level Model for the European Arrest Warrant.” Euro¬pean Journal of Crime, Criminal Law and Criminal Justice 30, no. 2 (2022): 107–126. (Crossref)
Kress, Ken. “Coherence.” In A Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson, 521–538. Malden: Wiley-Blackwell, 2010. (Crossref)
Martufi, Adriano. “Effective Judicial Protection and the European Arrest War¬rant: Navigating between Procedural Autonomy and Mutual Trust.” Com¬mon Market Law Review 59, no. 5 (2022): 1371–1406. (Crossref)
Peers, Steve. “Mutual Recognition and Criminal Law in the European Union: Has the Council Got it Wrong?.” Common Market Law Review 41, no. 1 (2004): 5–36. (Crossref)
Report on Eurojust’s casework in the Field of the European Arrest Warrant. The Hague: Eurojust, 2021.
Wąsek-Wiaderek, Małgorzata, and Adrian Zbiciak, “Practice in Poland.” In Eu¬ropean Arrest Warrant. Practice in Greece, the Netherlands and Poland, edit¬ed by Renata Barbosa, Vincent Glerum, Hans Kijlstra, André Klip, Christi¬na Peristeridou, Małgorzata Wąsek-Wiaderek, and Adrian Zbiciak, 237–321. The Hague: Eleven 2022.
Weyembergh, Anne, and Lucas Pinelli. “Detention Conditions in the Issu¬ing Member State as a Ground for Non-Execution of the European Arrest Warrant: State of Play and Challenges Ahead.” European Criminal Law Re-view 12, no. 1 (2022): 25–52. (Crossref)
Zimmermann, Frank. “Concerns Regarding the Rule of Law as a Ground for Non-Execution of the European Arrest Warrant: Suggestions for a Reform.” European Criminal Law Review 12, no. 1 (2022): 4–24. (Crossref)
European Commission. “European Arrest Warrant.” Accessed March 16, 2023. https://commission.europa.eu/law/cross-border-cases/judicial-coopera¬tion/types-judicial-cooperation/european-arrest-warrant_en.
University of Groningen https://orcid.org/0000-0001-7668-1939
Former senior judge in the District Court of Amsterdam
Former senior judge in the District Court of Amsterdam; at present substitute judge in the Surrender and Extradition Chamber of that court
https://orcid.org/0009-0002-7451-1762
