The European Arrest Warrant and the Role of Public Prosecutors

Josifovic, Ivica and Kambovski, Igor (2020) The European Arrest Warrant and the Role of Public Prosecutors. Правна трдиција и интегративни процеси . pp. 111-124. ISSN 978-86-6083-064-9

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The European Arrest Warrant (EAW) is one of the most used mechanisms in judicial cooperation in criminal matters. It consists of simplified procedure for crossborder surrender for purposes of prosecution or executing a prison sentence or detention order, thus replacing the traditional system on cooperation including the political authorities of member-states.
The paper aims to explain the role of Public Prosecutors in the procedure of issuing the EAW through the practice of the Court of Justice of the European Union (CJEU). The paper deals with two parts: first, it elaborates case law by which the Court secured additional clarification of the long-standing question regarding the definition of “judicial authority” responsible for issuing the EAW and second, it elaborates the jurisdiction of public prosecutors in member-states in their capacity to issue the EAW. Both parts explain court cases and judgements brought upon. With these judgment, the CJEU further develops its jurisprudence regarding the functioning of the EAW in the criminal justice area.
The conclusion explains the impact of these judgments in national law of member-states, as well as on the whole area of criminal justice in the EU, implying the need of evaluation and possible reform of criminal justice organization in certain member-states.
Key words: arrest warrant, public prosecutor, Court of Justice, case-law

Item Type: Article
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Ivica Josifovik
Date Deposited: 29 Jan 2021 09:51
Last Modified: 29 Jan 2021 09:51

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