EAW: Next Steps, Will Pandora’s Box Be Opened?

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Date
2023
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Wydawnictwo KUL
Abstract
The authors advocate operational improvement of the European Arrest Warrant system. When applying the judi­cial cooperation instruments concerning criminal matters, more attention should be devoted to the requirements of proportion­ality, effective judicial protection, and coherence. The power to issue an EAW should be more circumscribed whereas executing authorities should be allowed more flexibility in the decision making process as far as the execution of an EAW is concerned. The authors conclude by sketching amendments to the legal and practical framework and the efforts required to implement them as well as by addressing the issue of political feasibility.
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Keywords
FD 2002/584/JHA, European Arrest Warrant, proportionality, effective judicial protection, coherence
Citation
"Review of European and Comparative Law", 2023, T. 54, nr 3, s. 125-145
URI
https://hdl.handle.net/20.500.12153/5976
ISBN
Creative Commons License
http://creativecommons.org/licenses/by/4.0/
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Review of European and Comparative Law, 2023, Vol. 54, No 3