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Date: April 30, 2024 Tue
Time: 2:10 am
Time: 2:10 am
Results for arrest warrants (europe)
1 results foundAuthor: Carrera, Sergio Title: Europe’s Most Wanted? Recalibrating Trust in the European Arrest Warrant System Summary: This paper assesses the uses and misuses in the application of the European Arrest Warrant (EAW) system in the European Union. It examines the main quantitative results of this extradition system achieved between 2005 and 2011 on the basis of the existing statistical knowledge on its implementation at EU official levels. The EAW has been anchored in a high level of ‘mutual trust’ between the participating states’ criminal justice regimes and authorities. This reciprocal confidence, however, has been subject to an increasing number of challenges resulting from its practical application, presenting a dual conundrum: 1. Principle of proportionality: Who are the competent judicial authorities cooperating with each other and ensuring that there are sufficient impartial controls over the necessity and proportionality of the decisions on the issuing and execution of EAWs? 2. Principle of division of powers: How can criminal justice authorities be expected to handle different criminal judicial traditions in what is supposed to constitute a ‘serious’ or ‘minor’ crime in their respective legal settings and ‘who’ is ultimately to determine (divorced from political considerations) when is it duly justified to make the EAW system operational? It is argued that the next generation of the EU’s criminal justice cooperation and the EAW need to recognise and acknowledge that the mutual trust premise upon which the European system has been built so far is no longer viable without devising new EU policy stakeholders’ structures and evaluation mechanisms. These should allow for the recalibration of mutual trust and mistrust in EU justice systems in light of the experiences of the criminal justice actors and practitioners having a stake in putting the EAW into daily effect. Such a ‘bottom-up approach’ should be backed up with the best impartial and objective evaluation, an improved system of statistical collection and an independent qualitative assessment of its implementation. This should be placed as the central axis of a renewed EAW framework which should seek to better ensure the accountability, impartial (EU-led) scrutiny and transparency of member states’ application of the EAW in light of the general principles and fundamental rights constituting the foundations of the European system of criminal justice cooperation. Details: Brussels, Belgium: Centre for European Policy Studies, 2013. 46p. Source: Internet Resource: CEPS Paper in Liberty and Security in Europe no. 55: Accessed March 26, 2013 at: http://www.ceps.eu/book/europe%E2%80%99s-most-wanted-recalibrating-trust-european-arrest-warrant-system Year: 2013 Country: Europe URL: http://www.ceps.eu/book/europe%E2%80%99s-most-wanted-recalibrating-trust-european-arrest-warrant-system Shelf Number: 128131 Keywords: Arrest and ApprehensionArrest Warrants (Europe)Criminal ProcedureJudicial Systems |