The European arrest warrant and the nonexecution grounds: case studies

Josifovic, Ivica and Kambovski, Igor (2019) The European arrest warrant and the nonexecution grounds: case studies. Vizione (33). pp. 159-170. ISSN 1857- 9221

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In the past years, the number of preliminary
ruling references regarding EU’s criminal law measures
significantly increased. It is not a surprise and it could be explained by the fact that the competences of the Court of Justice of the European Union (CJEU) since
November 2014 to decide on preliminary ruling references on EU’s criminal law is no longer a subject of previous acceptance by member-states. In principle, all national courts are now free to refer to the CJEU and to receive a clarification of the meaning and validity of criminal law measures on EU level.
Most of the references delivered to the CJEU by national
courts refer to the Framework Decision on European Arrest Warrant (FDEAW), which replaced the classical extradition system with simplified procedure oriented towards acceleration of the surrender of the accused or convicted person from one to another member-state, according the mutual recognition principle. The basic of the FDEAW system is simple: The European Arrest Warrant (EAW) issued by one member-state must be executed in another member-state, unless the FDEAW request or allows non-execution.
But, the FDEAW also provides grounds for non-execution of EAW, and that is central in this paper. The paper elaborates the non-execution grounds through review of several case studies. The aim is to illustrate the reasoning of national authorities regarding their decision-making in execution of EAW, as well as the analysis of the role and judgments of the CJEU when national courts refer in preliminary ruling procedure on the interpretation of the EU law and applicable rules of the FDEAW.
The conclusion addresses the main aspects of CJEU judgments, as well as protection of fundamental rights and thus gives a view regarding the (non)execution of EAW, given that the Court takes into account the severity of the offence and the severity of the case itself.

Item Type: Article
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Ivica Josifovik
Date Deposited: 14 Oct 2019 09:45
Last Modified: 14 Oct 2019 09:45

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