This book examines the European arrest warrant as a successful and effective instrument for judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding the European arrest warrant. The book analyses its genesis, main features, surrender procedure, case law, implementation and the latest developments. Instead of focusing solely on a criminal law approach, it also considers the subject from the perspective of European Union law and constitutional law.

the EU Member States are equally authoritative, which leads to serious compli- tions. After all, translations are always inferior to the original texts. The conclusion by Advocate-General Kokott in the Pupino case may lead to a practical solution: just use the language/text that reflects the intention of the drafters of the Fra- work Decision most clearly, regardless of the ‘nationality’ of the case. In the case of the EAW Framework Decision the French text is more authentic than any other text: reliable information from Brussels has taught me that all language versions have been translated from the French. Moreover, the negotiations on this Fra- work Decision were mostly in French. And so I can now return, with a clear conscience, to my natural state: easygoing if not actually lazy. Judge Rob Blekxtoon VII Chapter 0 INTRODUCTION We, Europeans, are participants in the shaping of Europe as a political, cultural and constitutional community, a common home in a messy world. We, lawyers, are responsible for channelling this process and for guarding balance. The balance we have to guard is between the three identities of every European citizen: his or her European, national and individual identity. For our European identity to bloom, it is necessary that our national and individual identities also bloom.

On 13 June 2002 the Framework Decision on the European Arrest Warrant and Surrender Procedures between Member States of the European Union (EAW) was adopted by the Council of the European Union. The Framework Decision must be implemented by all current and future members of the European Union in their respective legal systems. This handbook offers an introduction to the EAW, its origin and its implications. It sets out the history of extradition as a legal system and compares the EAW with the old system. It includes the full text of the EAW with commentaries per paragraph. Attention is paid to procedural rules as well as to special issues, such as the principles of reciprocity and mutual trust, ne bis in idem, verdicts in absentia and the double criminality rule. The relation of EAW with other relevant legal instruments, including those concerning human rights and procedural safeguards, is also covered.

2003: The European Arrest Warrant (EAW) is introduced under the Extradition Act. A mechanism intended to facilitate the speed and ease with which criminals are brought to justice, it prevents British courts from considering any evidence before extraditing a person wanted by the authorities of another European member state - a mechanism open to abuse and error. 2007: Eighteen-year-old Andrew Symeou travels to Greek island Zante to celebrate the end of exams with friends. While there, another British boy is punched in a nightclub and tragically dies two days later. The pair had never met and Andrew was in another nightclub at the time. Greek police beat witnesses, fabricate statements and pin the crime on a man from a photograph - one taken on a different night to the incident. 2008: Andrew is arrested at his north London home by British police with an EAW. He is wanted for murder. Private Eye described the Greek investigation as 'flawed, contradictory and in places ludicrous'. A British coroner slammed it as being 'a misguided effort to solve the crime'. Regardless, a British court was unable to prevent his extradition and, despite never having been questioned by police and publicly protesting his innocence, Andrew was thrown into a Greek prison with hardened criminals. He spent almost a year awaiting trial in truly horrific conditions, encountering violence, drugs, racism and rioting - the most extreme of which he witnessed in the infamous Korydallos Prison. ln 2011, Andrew was acquitted as the Greek police's case unravelled. Extradited is the honest, moving, yet witty account of Andrew's incredible fight for justice.

This book examines in detail, the practice and procedure surrounding the European arrest warrant and its application in Ireland. Surrender under the European Arrest Warrant Act, 2003 has replaced extradition under Parts II and III of the Extradition Act, 1965 as the principal mode of extradition in Europe. The 2003 Act has been operational since 2004 and there are now in excess of 100 written decisions in relation to its operation. A significant number of decisions have finally made the way to the Supreme Court as a result of which many issues can now be regarded as reasonably well settled law for the first time. In addition, there have been a number of recent decisions from the European Court of Justice in relation to the manner in which the Framework Decision ought to be approached by domestic courts in construing domestic legislation. The number of applications under the 2003 Act has roughly doubled each year and is likely to continue to increase as EU Member States attempt to implement the new procedures in place.

The focus of this book is on the fifteen-member European Union but its coverage extends to many other bodies which form part of today's Europe, such as the Council of Europe, the European Economic Area and Western European Union.

This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor’s Office.

Since the early 1990s, cross-border police and judicial cooperation has become a very important domain of the European Union. The Lisbon Treaty – if accepted by all the Member States – will certainly be a major stimulus to its further development in the field of internal security as well as in the field of external policy. In any event, the recent proposal for a new third comprehensive policy programme with regard to the Area of Freedom, Security and Justice – the so-called Stockholm Programme – foreshadows some of the changes the Brussels institutions and the Member States would like to embrace in the coming years. This book contains the contributions of scholars and practitioners to a conference on the future of police and judicial cooperation in the European Union that took place in November 2008 at Tilburg University. Referring to what has been achieved in this domain since the Treaty of Maastricht, these papers not only assess the proposals that have been put forward in successive policy documents relating to the Stockholm Programme, but they also pinpoint to the ongoing problems in the theory and practice of police and judicial cooperation within the European Union and to the ways in which these questions could best be solved.

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

The subject of "international extradition" is not independently taught in legal education programs around the world, yet extradition remains today the most significant form of mutual assistance in criminal matters between States. This book provides a concise and clear description of extradition law and procedure based on a number of key principles and concepts (double criminality, rule of speciality, assurances) drawn from domestic extradition statutes, bilateral and multilateral treaties. It then outlines 35 well-known extradition cases, in which suspects, accused and convicted persons fought the extradition requests by invoking certain grounds for refusal of surrender (human rights violations, unfairness of trial in the requesting country, excessive punishment, etc). For each of these cases, an outline of the facts, the outcome of the case, and the legal arguments of the parties is provided. The book is ideal for legal practitioners who wish to familiarise with the law and practice of extradition litigation around the world and to learn about the best available strategies to effectively assist clients in extradition cases.