A Comparative Report of 14 EU Member States
The European Arrest Warrant:
Trust, Fundamental Rights, and the Rule of Law
This Comparative Report forms part of the STREAM Project – ‘Strengthening Trust in the European Criminal Justice Area through Mutual Recognition and the streamlined application of the European Arrest Warrant’. STREAM aims to promote coherence in judicial cooperation between Member States in the criminal justice field, with a particular focus on the European Arrest Warrant system as established by Framework Decision 2002/584/JHA.
It draws together research relating to 14 selected Member States. That research has been carried out by national legal experts who are part of the STREAM Academic Network, based on the coordination and templates of the Centre for European Policy Studies.
Towards a coherent and merited trust system for the European Arrest Warrant in the EU
Petra Bárd, Sergio Carrera and Anjum Shabbir
This Policy Brief is part of the STREAM Project – ‘Strengthening Trust in the European Criminal Justice Area through Mutual Recognition and the Streamlined Application of the European Arrest Warrant’. The Project aims to promote judicial cooperation between Member States surrendering persons suspected of having committed a criminal offence. It does so by identifying legal gaps, interpretative doubts, and practical challenges that exist in the application of the law establishing the European Arrest Warrant (EAW) system. It then proposes policy solutions to those issues, including to facilitate the achievement of the objectives of EU criminal justice law as well as uphold EU fundamental rights law, and values including the rule of law with respect to individuals in criminal justice cases.
STREAM State of the Art Report
The Judicialisation of the European Arrest Warrant
Rule of Law and Fundamental Rights as Preconditions for Merited Mutual Trust
Petra Bárd, Sergio Carrera and Marco Stefan
The European arrest warrant (EAW) enables the suspects of criminal offences to be prosecuted and facilitates the execution of criminal sentences and custodial orders across the European Union. It is a criminal justice measure issued by a Member State (the issuing state) demanding the arrest and surrender by another Member State (the executing state) of a person wanted for criminal prosecution purposes, or the execution of a custodial sentence or detention order2. Established by Framework Decision 2002/584 (FD EAW)3, the EAW has been in force since 1 January 2004. It is currently referred to as the European Union (EU) ‘flagship instrument’ of judicial cooperation in criminal matters…