Strengthening Trust in the European Criminal Justice Area through Mutual Recognition and the Streamlined Application of the European Arrest Warrant
About the Project
By advancing the state-of-the-art knowledge on questions raised and solutions adopted by EU and national courts to secure surrender procedures’ compliance with relevant criminal justice rules and safeguards, the project will help in addressing the interpretative doubts and practical challenges that currently hamper mutual recognition of EAWs.
The Lisbonisation of the European Criminal Justice Area gradually introduced new EU legal standards – substantial and procedural guarantees – that currently apply to EAW issuing and validation, EAW recognition and execution, and access to effective remedies pre and post surrender.
Latest News and Events
The STREAM Kick Off meeting took place in the 27th of January. The STREAM partners met virtually to present and debate the work plan of the project as well as the tasks implementation timeline. The meeting also coincided with the launch of the STREAM Academic Network.
STREAM will increase mutual trust among judicial authorities and lawyers participating in surrender procedures by means of: fostering consistency and coherence in the use of the EAW, and promoting a streamlined understanding of the criminal justice rules and safeguards applicable to the surrender of persons in a post-Lisbon Treaty setting.
STREAM will monitor and examine EAW-related jurisprudential developments across the EU. In-depth legal analysis on the uses of the EAW will be performed by leading criminal law scholars in 14 Member States and complemented with EU-wide practitioners’ consultations to provide the evidence needed to consistently tackle key questions and challenges affecting the use of the EAW.
STREAM research and analysis will allow the development of the guidance and training needed to coherently interpret and apply the normative and jurisprudential standards governing each phase of different EAW proceedings. It will also explore solutions that could hep overcome difficulties in securing procedural rights and access to remedies in both the issuing as well as the executing MS. STREAM will increase consistency in:
EAWs issuing, validation, and proportionality assessments
STREAM will clarify the level of judicial protection required for issuing and validating EAWs. It will study how assessments related to proportionality, determination of case “trial readiness”, and recourse to instruments other than the EAW such as the European Investigation Order are performed in 14MS. It will also verify the adherence of such assessments to available guidance on the use of the EAW.
EAWs recognition, execution, and refusal
STREAM will collect and compile information related to recognition and/or execution decisions and assess whether they are in line with existing EAW case law and policy guidance. It will assess whether decisions not to recognise or execute EAWs are in line with CJEU jurisprudence, as well as whether such decisions are justified by the need to ensure respect for fundamental rights. Reasons behind MS difficulties in complying with mandatory time limits will also be identified and assessed.
Access to effective remedies pre and post surrender
STREAM will examine the extent to which the right to an effective remedy/effective judicial protection and EU procedural rights are ensured in EAW proceedings. It will verify the actual ability to challenge the execution of an EAW in the executing state, as well as the ability to challenge the issuing of an EAW before or after surrender.