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:
An analysis of the implementation of the EAW in all Member States
Identifying good practices that have been implemented in Member States; and
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
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.
This project is financed with the support of the Justice Programme of the European Union
Analysis of the implementation and operation of the EAW from the point of view of defence practitioners
This report has been produced as the outcome of the EAW-Rights project, which was funded by the European Commission in order to provide an assessment by defense practitioners in the EU of the implementation of the Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States. As laid out in the project conditions, this final project report also contains examples of good practice, and recommendations whose aim is to ensure that the objectives of the Framework Decision are fulfilled by the Member States