The European Arrest Warrant system is an extradition system between Member States of the European Union. Implemented in 2004, it has now had its first four years of application in practice. This book focuses on the most important differences between it and the former extradition system, discusses practical problems that have been encountered and offers recommendations for improvements. Readers will find comments on the various stages of the surrender procedure in a chronological order, starting with the content of the European Arrest Warrant, continuing with the refusal grounds and ending with the consequences of surrender. Two chapters deal with other (regional) extradition systems: the one of the Nordic countries and the one of the United States.
Contents
Preface Judge Rob Blekxtoon; Introduction Nico Keijzer and Elies van Sliedregt; 1. The content of a European arrest warrant Jaan Ginter; 2. Consent procedure Mariana Sotto Maior; 3. Detention Adam Łazowski and Susan Nash; 4. The dual criminality requirement Elies van Sliedregt; 5. Surrender of nationals Vincent Glerum and Klaas Rozemond; 6. Locus Delicti exceptions Nico Keijzer; 7. European Arrest Warrant in practice and Ne Bis In Idem Sylvie Cimamonti; 8. Statutory limitations Guy Stessens; 9. Human rights as a barrier to surrender Mark Mackarel; 10. European Arrest Warrants. Immunities and amnesties Felicity Wiliams; 11. Humanitarian concerns within the EAW Michele Panzavolta; 12. The principle of proportionality: alternative measures to the European Arrest Warrant Mariana Sotto Maior; 13. Denial of guilt Katja Šugman Stubbs and Primož Gorkič; 14. Abuse of the European Arrest Warrant system Katja Šugman Stubbs and Primož Gorkič; 15. Speciality rule Otto Lagodny and Christian Rosbaud; 16. Handing over of property according to Art. 29 of the European Arrest Warrant Framework Decision: legal scope, implementation and alternative regimes for handing over property in the EU Member States Sabine Gless and Daniel Schaffner; 17. The EAW in practice in the United Kingdom John Jones; 18. Prisoner transfer within the European Union: the European Enforcement Order and beyond Michael Plachta; 19. Extradition between Nordic countries, and the new Nordic Arrest Warrant Asbjørn Strandbakken; 20. Extradition in the United States Leslie W. Abramson; Epilogue Nico Keijzer and Elies van Sliedregt; Annex: the European Arrest Warrant Framework Decision.
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