EAW-Rights (completed)

Objectives

The project aimed to contribute to the correct and consistent implementation of the European Arrest Warrant (EAW) as required in the call for proposals. In particular, the project focused on the following objectives:

  • Identification of the implementation at national level of the Framework Decision 2002/584/JHA on the European Arrest Warrant in all EU Member States.
  • Identification of good practices carried out in the 28 Member States in order to ensure defence rights
  • Presentation of recommendations focused on the improvement of defence rights in EAW cases

Activities

The objectives were achieved in three parts which took the form of a study:

Part (1) – an analysis of the implementation of the EAW in all Member States

Part (2) – identifying good practices that have been implemented in Member States; and

Part (3) – providing recommendations to improve defence rights in EAW cases

Key results

  • The project study provides a comprehensive analysis of the state of play of the implementation of the EAW from the point of view of the defence in all Member States’ jurisdictions (including England and Wales, Northern Ireland and Scotland for the UK), except one country (Romania).
  • The study includes a catalogue of good practices in EAW proceedings in different Member States that can be used by authorities and the defence at a national level to assist with any existing problems.
  • The study also includes recommendations which could be of use to the EU institutions when considering future legislation or other initiatives. In any case, the recommendations also include short-term actions or recommendations that could assist defence rights in EAW proceedings.

Impact on the target groups and other groups affected by the project

  • The project provides information to the European Commission and other stakeholders on the implementation of Framework Decision 2002/584/JHA on the European Arrest Warrant from defence lawyers’ perspective. This information has been provided by experts who are practising lawyers with experience in EAW cases (a list with the names of the experts appears as Annex 1 in the study). The study provides valuable information on currrent defence rights and how the situation of defendants can be improved. The recommendations in the study will be of value to the EU institutions with regard to future legislation or other intiatives on the EAW or related topics.
  • Member States should also benefit from the results of the project as they will become aware of how other Member States implement the EAW with regard to defence rights. In addition, any good practices that have been identified may assist Member States in providing solutions to problems they are facing in EAW cases.
  • The legal community (specially those working in EAW proceedings, such as defence lawyers, judges and prosecutors) will also benefit from the study, as the analysis of the implementation of the EAW in the different Member States will be of great informative value. It is desirable to make the study available on the e-Justice portal of the European Commmission so that different stakeholders can access to it from this one-stop European shop. In any case, both CCBE and the ELF will upload the study onto their respective websites to be able to be freely downloaded, and will use their social media networks to publicise the availability of the study.

 


eu-flagThis project is financed with the support of the Justice Programme of the European Union. The contents of this publication are the sole responsibility of the project’s partners and can in no way be taken to reflect the views of the European Commission.