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European Arrest Warrant: Fundamental Rights of the Wanted Person and Execution Procedure

The European Arrest Warrant is a legal instrument used in the European Union to facilitate the surrender of a suspect from one Member State to another. The procedure for the issuance and execution of such a warrant is governed by a set of rules that guarantee the fundamental rights of the wanted person. In this article, we will examine in detail the workings of this procedure and the fundamental rights of the wanted person.

What is the European Arrest Warrant?

The EAW is a legal instrument introduced in the European Union in 2002 with the aim of simplifying and speeding up the surrender procedure of crime suspects from one Member State to another. This replaces the traditional extradition procedure, which required the fulfillment of a series of formal requirements and often proved to be very slow and complex.

How does the EAW work?

The EAW is issued by a judge or judicial authority of the requesting Member State and transmitted to the judicial authority of the executing Member State, which is responsible for arresting and surrendering the suspect. The issuance and execution procedure is governed by a series of European rules that guarantee the fundamental rights of the wanted person.

What are the rights of the EAW recipient?

The recipient of a European Arrest Warrant is entitled to a series of procedural guarantees that must be respected throughout the issuance and execution process. In particular, the recipient has the right to be informed of the charges against them, to be assisted by a lawyer, and to appeal against the decision to surrender them to the requesting Member State.

Consequences of non-surrender

The failure to execute the EAW by the judicial authority of the executing Member State can have significant consequences. First, it may lead to the initiation of an infringement procedure by the European Commission against the executing Member State for violation of European obligations. Secondly, it may result in the withdrawal of mutual judicial assistance by the requesting Member State towards the executing Member State.

The importance of the European Arrest Warrant in the fight against transnational crime

The European Arrest Warrant represents a fundamental tool in the fight against transnational crime within the European Union. Thanks to its effectiveness and speed, it allows for improved judicial cooperation among Member States and ensures that crime suspects cannot find refuge in another Member State.

In summary, the EAW is an important legal instrument in the European Union that simplifies and accelerates the surrender procedure of crime suspects from one Member State to another. Its effectiveness depends on the proper application of European rules that guarantee the fundamental rights of the wanted person throughout the issuance and execution process. Its importance in the fight against transnational crime is essential for ensuring judicial cooperation among European Union Member States and for preventing crime suspects from finding refuge in another Member State.

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