Judicial Cooperation in Criminal Matters - European Arrest Warrant – A Good Testing Ground for Mutual Recognition in an Enlarged EU? CEPS Policy Briefs No. 46, February 2004

Apap, Joanna and Carrera, Sergio. (2004) Judicial Cooperation in Criminal Matters - European Arrest Warrant – A Good Testing Ground for Mutual Recognition in an Enlarged EU? CEPS Policy Briefs No. 46, February 2004. [Policy Paper]

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Abstract

This paper reviews the extent to which the development of instruments that implement the principle of mutual recognition of judicial decisions in criminal matters, particularly the European arrest warrant (EAW), may be considered valuable tools for effectively combating cross-border crime in the European Union. In addition, we assess how these policy orientations may or may not overcome the persistent mistrust and lack of confidence among the member states, while at the same time respecting human rights and civil liberties. In particular, this paper analyses: 1. EU judicial cooperation in criminal matters: does it fight and prevent cross-border crime effectively in the EU? 2. The European arrest warrant – is it an improved method to replace extradition? Does the EAW provide a better solution to the practical complexities and difficulties that characterise the current extradition system? What are the inherent gaps in the proposed new surrender procedure under the EAW? 3. Does the EAW guarantee a good balance between efficiency and judicial protection of the individual’s fundamental rights? Does the Green Paper on procedural safeguards for suspects and defendants in criminal proceedings throughout the EU provide the right way forward? Does the EAW involve a real risk to the legal position and human rights of suspected individuals? 4. What is the added value of EU judicial cooperation against cross-border crime?

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