Country reports
Here you can find the STREAM Country Reports and their updates. The Country reports are elaborated by our national experts and provide a synthetic analysis of key controversies that emerged in the implementation of the EAW in the countries of Study.
Belgium
Sergi Vazquez Maymir, Paul de Hert
The first periodic country report for Belgium, aims to identify the some of the country’s key notes regarding the issuing and execution of the European Arrest Warrant (EAW). The report is built upon the examination of case law which has been selected by the following criteria. First the number of instances and decisions involved in each case consequently elevate the diversity of the legal discussions addressed in each of them. Second, the novelty of the legal discussions. Third, their shared theme. While discussing different issues, the cases examined dealing with the execution of the EAW by Belgian authorities have all a strong political nature. Finally, their usefulness in testing the robustness of the EAW regime and their practical contribution to the concepts of mutual trust and mutual recognition in the EU…
Since the early implementation of the EAW Framework Decision (EAW FD) in France, the French case law has evolved towards a stronger focus on fundamental rights in the execution of EAWs issued by other Member States.
Along with the evolution of the ECHR case law and more recently of the ECJ case law, French courts have progressively strengthened their control over EAWs taking into account the fundamental rights issue, reconsidering thus the prevalence of the mutual trust and recognition principles. The Cour de cassation (the highest French criminal court) deepened its control over Chambre de l’instruction decisions to execute EAW…
Germany
Dominik Brodowski
According to the most recent data available from the European Commission (2020, p. 9, 14), Germany issues the most European Arrest Warrants (EAWs) per year (3.783 EAWs in 2018), but also effectively surrenders the most persons pursuant to a receipt of an EAW (1.240 persons in 2018). However, it is also Germany where the highest number of EAWs was refused to be executed by Judicial Authority (226 instances in 2018), 76 of those explicitly based on the reference to fundamental rights in Art. 1(3) EAW FD (cf. European Commission, 2020, p. 16, 21)…
Greece
Yannis Naziris
The aim of this (first) STREAM Country Report for Greece is to convey information concerning the ways in which judicial authorities in the country have interpreted and applied the different fundamental rights and rule of law standards that – under EU and national law – govern the issuing, validation, recognition, and execution of a European Arrest Warrant [hereafter EAW]. This is done primarily by means of presenting selected decisions by judicial organs entrusted with the execution of EAWs under Greek law, as well as surveying the law and practice of Greek authorities competent to issue EAWs addressed to other EU member States…
Hungary
Petra Bárd
Hungary is one of the countries with systemic problems, as is well documented by EU and extra-EU documents system of governance. Hungary consistently appears across the different indices showing declining Rule of Law patterns. Varieties of Democracy (V-Dem) showed that Hungary was not a democracy any longer, instead it became an electoral autocracy. Freedom House does not classify Hungary as a free country since 2019. According to the Bertelsmann Stiftung’s Transformation Index (BTI) Hungary was among the countries with the most significant drops in matters of the Rule of Law. When looking over a five-year-period, the World Justice Project’s Rule of Law Index showed that Hungary – together with Poland – declined the most in the EU/EFTA/North-America region…
Ireland
Dr Andrea Ryan
The Framework Decision on the European Arrest Warrant (FDEAW) was transposed by Ireland through the European Arrest Warrant Act 2003 (the 2003 Act). Under the 2003 Act, the central authority is the Minister for Justice, the High Court is the executing judicial authority, and in relation to the issuing of EAWs, once the domestic arrest warrant has been issued by a judge of the District or Circuit court, a European arrest warrant can be issued by those courts upon application by the Director of Public Prosecutions (the DPP)….
Italy
Silvia Allegrezza
This report highlights key legal issues emerged from Italian case-law on the implementation by Law no. 69/2005 of the Framework Decision 2002/584 on the European Arrest Warrant (EAW) as amended first in 2017 (Law No. 117/2017) and more radically by Legislative Decree no. 10/ 2021. What follows needs to be read with a number of important caveats…
Luxembourg
Prof. Dr. Katalin Ligeti; Panayiotis Constantinides
This Country Report (Report) aims to evaluate the solutions adopted by Luxembourg judicial authorities when implementing FD 2002/584 at both issuing and executing proceedings. To prepare this Report, we analyzed Luxembourg case law, and carried out interviews with relevant stakeholders in order to gain a concrete understanding of how the EAW instrument is implemented in Luxembourg. Specifically, we interviewed two Deputy Chief Public Prosecutors from the Public Prosecutor’s Office, the Director of investigating judges in the District Court of Diekirch, an investigating judge, a district Public Prosecutor, and a defence lawyer…
Portugal
Pedro Caeiro; Raquel Cardoso
This report is based on an exhaustive survey of all the judicial decisions on the European Arrest Warrant (EAW) published in the official websites run by Instituto de Gestão Financeira e Equipamentos da Justiça, I.P., Conselho Superior da Magistratura and Tribunal Constitucional.
Spain
Mar Jimeno-Bulnes
This report deals with judicial decisions pronounced by Spanish superior and ordinary courts. First, judgments pronounced by Constitutional Court solving defence appeal (recurso de amparo) promoted by applicant, i.e. the requested person as last resource arguing the violation of fundamental rights regulated after the dismissal of prior appeals (cassation included) according to Articles 53 (2) and 163 (1) (b) Spanish Constitution 1978…
The Netherlands
Dr. S.S. Buisman
This Country Report examines the judgements of the District Court published on rechtspraak.nl (database of the Dutch judiciary). In total, 2663 judgements of the District Court concerning the EAW have been published at rechtspraak.nl (reference date 1 December 2021). These judgements have been analysed on several themes, namely: issuing judicial authority, proportionality, case-readiness, pre-trial detention, and fundamental right defences, such as detention facilities, fair trial rights, rule of law standards, and the right to family life. A selection of case law has been made taking into account the following criteria…