Skip to main content Accessibility help
×
Home
Hostname: page-component-55597f9d44-mm7gn Total loading time: 0.42 Render date: 2022-08-10T06:26:00.321Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "useNewApi": true } hasContentIssue true

7 - The Europeanisation of extradition: how many light years away to mutual confidence?

Published online by Cambridge University Press:  01 June 2011

Theodore Konstadinides
Affiliation:
University of Surrey
Christina Eckes
Affiliation:
Universiteit van Amsterdam
Theodore Konstadinides
Affiliation:
University of Surrey
Get access

Summary

INTRODUCTION

The objective set for the Union to become an aArea of Freedom, Security and Justice has led, amongst other things, to abolishing extradition between Member States and replacing it with a simplified system of ‘surrender between judicial authorities’. Following the September 2001 terrorist attacks in New York, and having considered the potential impact on the fight against crime and terrorism, the heads of State and Government of the European Union, the President of the European Parliament, the President of the European Commission, and the former High Representative for the Common Foreign and Security Policy jointly called for a new system that would make it easier for justice to be administered across the EU through the enforced transfer of persons from one Member State to another. The draft legislative resolution on the Commission proposal for a Council Framework Decision on the European Arrest Warrant (EAW) was adopted on 13 June 2002 by the Council, establishing a pan-European warrant for search, arrest, detention and surrender to the judicial authority of the issuing country. As a consequence, in 2004 the EAW gradually replaced extradition between Member States.

Undeniably, the Framework Decision on the EAW has added impetus to the EU counter-terrorism response, which since the terrorist bombings in Madrid (March 2004) and London (July 2005) has expanded incrementally through the adoption of a panoply of measures. At the time of writing, not only has the EAW been implemented by all the Member States but it is operational in most cases.

Type
Chapter
Information
Crime within the Area of Freedom, Security and Justice
A European Public Order
, pp. 192 - 223
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Maduro, M. P., We the Court: The European Court of Justice & The European Economic Constitution (Hart Publishing, 1997) 33 131–6Google Scholar
Safferling, C. J. M., Towards an International Criminal Procedure (Oxford University Press, 2001) 319–23)Google Scholar
Fletcher, M., ‘Some Developments to the ne bis in idem Principle in the European Union: Criminal Proceedings Against Hüseyn Gözütok and Klaus Brügge66(5) Modern Law Review (2003) 769CrossRefGoogle Scholar
Vervaele, J. A. E., ‘The Transnational ne bis in idem Principle in the EU: Mutual Recognition and Equivalent Protection of Human Rights1(2) Utrecht Law Review (2005) 100CrossRefGoogle Scholar
Wasmeier, M., ‘The Development of ne bis in idem into a Transnational Fundamental Right in EU Law: Comments on Recent Developments31(4) European Law Review (2006) 565Google Scholar
Jimeno-Bulnes, M., ‘European Judicial Cooperation in Criminal Matters9 European Law Journal (2003) 614CrossRefGoogle Scholar
Jimeno-Bulnes, M., ‘After September 11th: The Fight Against Terrorism in National and European Law. Substantive and Procedural Rules: Some Examples10 European Law Journal (2004) 235CrossRefGoogle Scholar
Sliedregt, E. V., ‘The Principle of Dual Criminality and the European Arrest Warrant’, in N. Keijzer and E. V. Sliedregt (eds.), The European Arrest Warrant in Practice (Cambridge University Press, 2009)Google Scholar
Spencer, J. R., ‘The Drafting of Criminal Legislation: Need it be so Impenetrable?67(3) Cambridge Law Journal, (2008) 593CrossRefGoogle Scholar
Blake, L. W., Sinnamon, T. and Pointing, J., ‘Over-regulation and Suing the State for Negligent LegislationStatute Law Review (2007) 1Google Scholar
Deen-Racsmány, Z. and Blekxtoon, R., ‘The Decline of the Nationality Exception in European Extradition? The Impact of the Regulation of (Non-) Surrender of Nationals and Dual Criminality under the European Arrest Warrant13 European Journal of Crime, Criminal Law and Criminal Justice (2005) 317CrossRefGoogle Scholar
Plachta, M., ‘Recent Developments in the Extradition Law2 Yearbook of Polish European Studies (1998) 109Google Scholar
Satzger, H., ‘The German Court and the European Arrest Warrant: “Cryptic Signals” from Karlsruhe4(4) Journal of International Criminal Justice (2006) 686CrossRefGoogle Scholar
Konstadinides, T., ‘The Perils of the Europeanisation of Extradition Procedures in the EU: Mutuality, Fundamental Rights and Constitutional Guarantees14 Maastricht Journal of European and Comparative Law (2007) 179CrossRefGoogle Scholar
Briza, P., ‘Lucchini SpA – Is there Anything Left of res judicata Principle?27(1) Civil Justice Quarterly (2008) 40Google Scholar
Leczykiewicz, D., ‘Constitutional Conflicts and the Third Pillar32(2) European Law Review (2008) 230Google Scholar
Hatzopoulos, V., ‘With or Without You … Judging Politically in the Field of Area of Freedom, Security and Justice33(1) European Law Review (2008) 61Google Scholar
Hinajeros, A., ‘Recent Human Rights Developments in the EU Courts: The Charter of Fundamental Rights, the European Arrest Warrrant and Terror Lists7(4) Human Rights Law Review (2007) 793Google Scholar
Chatwin, C., ‘Drug Policy Developments within the European Union: The Destabilizing Effects of Dutch and Swedish Drug Policies43 British Journal of Criminology (2003) 567CrossRefGoogle Scholar
Card, J. English and R., Police Law (9th edn, Oxford University Press, 2005)Google Scholar
Shuibhne, N. N., ‘Margins of Appreciation: National Values, Fundamental Rights and EC Free Movement Law34(2) European Law Review (2009) 252Google Scholar
Vogel, J. and Spencer, J.R., ‘Proportionality and the European Arrest Warrant6 Criminal Law Review (2010) 474Google Scholar
Davidson, R., ‘A Sledgehammer to Crack a Nut? Should There be a Bar of Triviality in European Arrest Warrant Cases?1 Criminal Law Review (2009) 33Google Scholar
Alegre, S. and Leaf, M., ‘Judicial Cooperation: A Step too Far Too Soon? Case Study – The European Arrest Warrant10(2) European Law Journal (2004) 201Google Scholar
Mitsilegas, V., ‘The Constitutional Implications of Mutual Recognition in Criminal Matters in the EU43 Common Market Law Review (2006) 1280Google Scholar
Sliedregt, E., ‘The European Arrest Warrant: Between Trust, Democracy and the Rule of Law3 European Constitutional Law Review (2007) 244CrossRefGoogle Scholar
Geyer, F., ‘Case Note: Advocaten voor de Wereld4 European Constitutional Law Review (2008) 154Google Scholar
Herlin-Karnell, E., ‘In the Wake of Pupino: Advocaten voor der Wereld and Dell ’Orto' 8(12) German Law Journal (2007) 1148Google Scholar
1
Cited by

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×