THE EUROPEAN ARREST WARRANT - NEWS
The European Arrest Warrant
(EAW) is valid throughout all member states of the European Union (EU). Once
issued, it requires another member state to arrest and transfer a criminal
suspect or sentenced person to the issuing state, so that the person can be put on trial or complete a detention period.
It started in 2004. It is
used 10-15.000 times a year. At it shortens considerably the time it takes to
get a suspect or a sentenced person back to the country demanding his or her
arrest.
This is part of
joint concrete steps of making Europe safer.
It has functioned very well to full satisfaction of all EU member states.
Last week extradition was for the first time refused. Poland had asked Germany to extradite a person accused of fraud. The German Supreme Court in Karlsruhe rejected it, because it feels that the Polish courts are no longer independent of the government – and that individuals therefore no longer are guaranteed a fair trial in Poland.
Though the Poles probably will claim that this is a breach of the arrest warrant, it is not. On the contrary. It shows that the very important principles behind the arrest warrant function.
The president of EU’s Supreme Court, Mr. Koen Lenaerts, recently said the following in a speech in Warsaw: A country that does not guarantee the independence of its courts cannot be a member of the European Union..
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