1. Experience of Slovenia in implementation of European Arrest Warrant
Workshop on judicial cooperation in criminal matters in South Eastern Europe
Belgrade,

2. FD on European Arrest Warrant – dates:
- of document: 13 June 2002
of publication: Official Journal L 190,
of entry into force: 7 August 2002 (Art. 35 of FD)
of transposition: 31 December 2003 (Art. 34/1 of FD)

3. Transposition of EAW framework decision
at the time of adoption of FD Slovenia is not EU MS, but a candidate country
For new MS: binding from (accession treaty)

4. Transposition of EAW framework decision
Constitutional amendments in progress since middle of 2002 due to accession to EU – amendments adopted in 2003
One of the reasons: extradition/surrender of own nationals (extradition is constitutional concept) – Art. 47 of the Constitution

5. Transposition of EAW framework decision
- due to complexity of the subject, working group for transposition of FD is established within MoJ end of 2003
- implementation in separate law (European Arrest Warrant and Surrender Procedures Act – Official gazette, No. 37/2004 – in force since )

6. Transposition of EAW framework decision
Reasons for separate law:
Extensive and special substance of FD
New amendments of CPA would be necessary
Idea of new act dealing with judicial co-operation in criminal matters only (potentially among EU MS only)
Short time limit for implementation

7. Transposition of EAW framework decision
Major difficulty for implementation: not being present at negotiations of FD
Consequence: background for some solutions in FD not sufficiently known – incorrect implementation of FD in some parts of national law (see also Report from the Commission COM(2005) 63 final and Annex)

8. Transposition of EAW framework decision
National legislation on EAW in force since – after two years’ and a half of practice need for change of national law –
for partly incorrect implementation
for gaps indicated by practice

9. Transposition of EAW framework decision
Basis for amendments:
Report from the Commission COM(2005) 63 final and Annex
Evaluation report of the practical application of the EAW and the corresponding surrender procedures between MS
Comments and opinion by practicioners (i.e., judges)

10. Transposition of EAW framework decision
- New law on MLA in criminal matters and extradition/surrender procedures - an old idea becoming reality
Law on Cooperation in Criminal Matters with Member States of EU – valid since , in force since
Transposing several existing FD – EAW, Freezing orders, Financial penalties, Confiscation orders, Criminal records
Includes also MLA part, transfer of proceedings, transfer of prisoners

11. European Arrest Warrant
What is an EAW? Article 1/1 FD: only a formal definition
A form filled out by a judicial authority of a Member State for the surrender of a person for prosecution or enforcement from another Member State.
European handbook on how to issue a EAW:

12. Goals of European Arrest Warrant
Surrender pursuant to an EAW should become a judicially controlled process
Expeditious procedure
Based on assumption of universal high degree of human rights protection
Limited grounds of non-execution
Replace old extradition arrangements in one step

13. Scope of the European Arrest Warrant
General: May be issued for acts punishable by law of the issuing MS by custodial sentence or detention order
for a maximum period of at least 12 months or
for sentences of at least 4 months
Problem of proportionality

14. Scope of the European Arrest Warrant
Abolition of dual criminality principle for list of 32 offences (Art. 2/2 of the FD)
For other offences – surrender may be subject to the condition of dual criminality

15. No responsibility on account of age in the executing MS
Grounds for refusal and guarantees Grounds for mandatory non-execution of EAW (Art. 3 FD)
Only three grounds:
Amnesty in executing MS where that state had jurisdiction to prosecute the offence under its law
Ne bis in idem
No responsibility on account of age in the executing MS

16. 7 grounds for optional execution
Grounds for refusal and guarantees Grounds for optional non-execution of EAW (Art. 4 FD)
7 grounds for optional execution
Implementation different in MS – some make it obligatory grounds for refusal, some make it optional also in their national legislation, some combine …

17. Slovenia implemented 5 grounds for refusal as optional, 9 as mandatory
Grounds for refusal and guarantees Grounds for optional non-execution of EAW (Art. 4 FD)
Slovenia implemented 5 grounds for refusal as optional, 9 as mandatory

18. Grounds for refusal and guarantees Guarantees to be given by the issuing MS (Art. 5 FD)
- Judgements in absentia and the person has not been summoned – surrender may be subject to condition that issuing judicial authority guarantees that the person will have opportunity to apply for re-trial (see d) of the form)
- Lifelong imprisonment - surrender may be subject to condition that the issuing MS has provisions for a review of penalty or application of measures of clemency (see h) of the form)
- Surrender of own nationals for prosecution - surrender may be subject to condition that the person is returned to executing MS in order to serve the sentence there

19. Grounds for refusal and guarantees Surrender of own nationals?
Not a general ground for refusal
Article 4 subpara 6 FD: Optional ground for refusal for the enforcement of a sentence, where the requested person a resident or a national of the executing State – executing MS executes the sentence in accordance with its domestic law
Article 5 para 3 FD: Guarantee for nationals or residents to serve the sentence in the executing State

20. Grounds for refusal and guarantees Removal of a political element
No exception for political offences
No political motivated offences

21. Content and form of the EAW (Art. 8 FD and Annex)
Art. 8: which information, set out in accordance with the form in Annex, the EAW shall contain
Annex: contains the form for EAW, which is available also on internet:
Forms as amended by “In absentia Framework Decision”
The completely and carefully filled out form is the key for a
successful surrender

22. Procedures and time limits
One of the goals of EAW:
to expedite the procedures +
respect human rights

23. Procedures and time limits Transmission of EAW
EAW is sent
- directly or
- through SIS or
- through the secure telecommunications system of the EJN or
Interpol or
Through Central Authority
Difficulties in transmission of EAW: dealt with directly or through central authorities

24. Procedures and time limits Transmission of EAW
If the location of
the person is not known
Issuing authority
Judicial Authority
SIS
Interpol
(EJN secure telecommunication system)
If the location of
the person is known,
except in cases
of Art. 7/2 FD
Executing authority
Judicial Authority
Rule is direct communication

25. Procedures and time limits Central authority
(Mandatory) Central (administrative) authority under 7 para 2 FD
(Supporting) Central authority under 7 para 1 FD

26. Procedures and time limits Time limits
Decision on EAW
60 days after arrest (if consent 10 days after consent has been given)
Plus 30 days (in specific cases)
Surrender of the person
10 days
Flexibility if circumstances beyond the control of the Member States

27. Summing up: extradition procedure vs. surrender procedure
- Communication: via diplomatic channel/through central authorities
- Final decision is political
- Request for extradition with documentation
- Dual criminality principle
- Own nationals limitations
- Rather long procedure
Surrender procedure
- Direct communication
- Strictly judicial decision
- Form
- Partly abolishing dual criminality principle
- No own nationals limitation
- Time limits

28. Statistics 81 issued, 10 surrenders
EAW
Slovenia as issuing state Slovenia as executing state
2005
2006
2007
2008
2009
2010
81 issued, 10 surrenders
29 received, 25 arrested, 15 surrenders
67 issued, 14 surrenders
40 received, 34 arrested, 24 surrenders
54 issued, 8 surrenders
43 received, 36 arrested, 25 surrenders
37 issued, 10 surrenders
65 received, 61 arrested, 50 surrenders
26 issued, 5 surrenders
56 received, 47 arrested, 39 surrenders
28 issued, 4 surrenders
99 received, 88 arrested, 73 surrenders

29. Statistics 17 23 9 18 16 15 Extraditions 13 14
Slovenia as requesting state Slovenia as requested state
2005
2006
2007
2008
2009
2010 13 14 17 23 9 18 16 15

30. Statistics Period from arrest to decision on extradition/surrender
- EAW:
With consent 1 – 30 days
Without consent 6 days – 7 months
- extradition:
In average four months, but never less than two months
Simplified procedure – 7 days – 1 month

31. Thank you for your attention