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04 Topic 3_2 EAW

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					  Council Framework Decision
         2002/584/JHA
on the European Arrest Warrant
 and the Surrender Procedures
    Between Member States
        Framework Decision on the EAW
• Before EAW extradition procedures within EU have been
  based on 1957 Treaty that was characterized by a double stage
  procedure and was highly political

• Adopted by EU Council of Ministers on 13 June 2002

• EAW may be issued if a person accused of an offence for
  which the penalty is at least over a year in prison
• or if he or she has been sentenced to a prison term of at least
  four months

• EAW is based on the principle of mutual recognition of
  judicial decisions.
             EAW Framework Decision

• Article 1 – Definition

• Article 2 – Scope of the EAW

• Article 2.2. – 32 offences not subject to double criminality rule

• Article 3 – grounds for mandatory non-execution of the EAW

• Article 4 – grounds for optional non-execution of the EAW
• Increasing growth in the number of issued EAW

    in 2005 – 6, 894
    in 2009 – 15,827
          Including PL: 4, 844
                     DE: 2, 433
                     RO: 1, 900
                     FR: 1, 240
                     HU: 1, 038

•     Source: European Commission Report from 11.4.2011 {SEC(2011) 430 final} on
     the implementation since 2007 of the Council Framework Decision of 13 June 2002
     on the European arrest warrant and the surrender procedures between Member
     States
                     ECJ judgments
• C-105/03, Pupino (judgment of 16 June 2005)
  – Duty of loyal cooperation also apply to EU law
• C-303/05, Advocaten voor de Wereld (3 May 2007)
  – Validity of the EWA
• C-66/08 Kozlowski (17 July 2008)
  - Article 4 (6) meaning of the terms ‘staying’ and ‘resident
- C-296/08 PPU Santesteban Goicoechea )12 August
  2008
  - Preliminary ruling under Article 35 EU
  - Article 31 of the EAW
- C-388/08, Leymann and Pusovarov ( 1 Decmber
   2008)
   - Article 27 (2) ‘specialty rule’
- C-123/08 Wolzenburg (judgement of 6 October
  2009)
   - Articles 12 and 18 (1) EC and Article 4 (6) EAW
- C-306/09 I.B. v. Counseil des Ministers ( 21
  October 2010)
   - Articles 4 (6) and 5 (3) sentence imposed in absentia
- C – 261/09 Mantello (16 November 2010)
   - Article 3 (2) ‘same acts’
• Judgment of the Constitutional Tribunal of the
  Republic of Poland from 27 April 2005, case
  No. P. 1/05;

• Judgment of the Second Senate of the German
  Federal Constitutional Court from 18 July
  2005, 2 BvR 2236/04;

• Decision of the Czech Constitutional Court
  No. Pl. US 66/04 from May 3, 2006

				
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