1. HOW EFFECTIVE IS THE EUROPEAN ARREST WARRANT AS A MEANS OF COMBATING TRANSNATIONAL CRIME?
Daniel BERNARD
Federal Prosecutor of Belgium
CICERO FOUNDATION SEMINAR
PARIS, 11 DECEMBER 2006
28/02/2019
Cicero Foundation - International Seminar for Experts

2. European instruments adopted in the frame of the principle of
MUTUAL RECOGNITION within the European Union
« cornerstone » of judicial co-operation (Tampere,1998)
Instruments adopted and implemented :
1. Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, 29th May 2000
 JOINT INVESTIGATION TEAMS
2. FWD on the EUROPEAN ARREST WARRANT (25 MS)
3. FWD on the FREEZING ORDERS (14 MS)
In project : FWD on the EUROPEAN EVIDENCE WARRANT
FWD on the CONFISCATION ORDERS
28/02/2019
Cicero Foundation - International Seminar for Experts

3. Cicero Foundation - International Seminar for Experts
ACTORS involved in judicial co-operation concerning the fight against organised crime inside the European Union
On a judicial level
1. NATIONAL JUDICIAL AUTHORITIES
2. CENTRAL AUTHORITIES
3. EUROJUST
4. EUROPEAN JUDICIAL NETWORK
5. LIAISON MAGISTRATES
On a police level
1. NATIONAL POLICE AUTHORITIES
2. EUROPOL
3. LIAISON OFFICERS
28/02/2019
Cicero Foundation - International Seminar for Experts

4. THE FRAMEWORK DECISION ON THE EUROPEAN ARREST WARRANT PRELIMINARIES
1. The mechanism of the EAW is based on a high level of confidence between Member States
2. Main role of the judicial authorities : the role of central authorities in the execution of a EAW is limited to practical and administrative assistance
3. The EAW should replace all the previous instruments concerning extradition in relations between EU MS
4. All the rules relating the respect of the fundamental rights are still applicable : refusal to surrender a person if
 serious risk for death penalty or inhuman treatment
 EAW based on discrimination
28/02/2019
Cicero Foundation - International Seminar for Experts

5. THE FRAMEWORK DECISION ON THE EUROPEAN ARREST WARRANT DEFINITION
The EAW is :
- a judicial decision
- issued by a Member State
- with a view to the arrest and the surrender by another Member State
- For the purpose of :
 conducting a criminal prosecution
 executing a custodial sentence / detention order
28/02/2019
Cicero Foundation - International Seminar for Experts

6. THE FRAMEWORK DECISION ON THE EUROPEAN ARREST WARRANT SCOPE
The EAW may be issued :
 for sentences of at least 4 months
 for acts punishable by the law of the issuing MB for a maximum period of at least 12 months
but control of double criminality
There is no control of double criminality :
For 32 offences limitatively listed if they are punishable
in the issuing MS for a maximum period of at least
3 years
28/02/2019
Cicero Foundation - International Seminar for Experts

7. Cicero Foundation - International Seminar for Experts
THE FRAMEWORK DECISION ON THE EUROPEAN ARREST WARRANT THE GROUNDS FOR MANDATORY NON-EXECUTION
 OFFENCE COVERED BY AMNESTY IN THE EXECUTING MS
 FINAL JUDGMENT or DEFINITIVE DECISION BY A EUROPEAN MEMBER STATE IN RESPECT OF THE SAME FACTS – ne bis in idem
 LEGAL MINORITY (under the law of the executing MS) AT THE MOMENT OF THE FACTS
28/02/2019
Cicero Foundation - International Seminar for Experts

8. Cicero Foundation - International Seminar for Experts
THE FRAMEWORK DECISION ON THE EUROPEAN ARREST WARRANT THE GROUNDS FOR OPTIONAL NON-EXECUTION
 Lack of double criminality (except the 32 listed offences)
 Judicial proceedings for the same facts in the executing MS
 Prosecution or punishment is statute-barred according the law of the executing MS
 Judgement for the same facts in a non MS
 The requested person is national or resident in the executing MS which undertakes to execute the sentence
 Acts committed in the executing MS
 Acts committed outside the issuing State and proceedings not allowed by the law of the executing State
28/02/2019
Cicero Foundation - International Seminar for Experts

9. Cicero Foundation - International Seminar for Experts
THE FRAMEWORK DECISION ON THE EUROPEAN ARREST WARRANT GUARANTEES TO BE OBTAINED FROM THE ISSUING STATE
 EAW ISSUED FOR THE PURPOSES OF EXECUTING A SENTENCE OR MEASURE IMPOSED BY A DECISION RENDERED IN ABSENTIA
AGAINST A PERSON WHO WAS NOT INFORMED ABOUT THE TRIAL
 MANDATORY GUARANTEE :
ASSURANCE DEEMED ADEQUATE TO GUARANTEE THE PERSON THAT HE
OR SHE WILL HAVE AN OPPORTUNITY TO APPLY FOR A RETRIAL OF THE
CASE AND TO BE PRESENT AT THE JUDGMENT
 EAW ISSUED FOR THE PURPOSES OF PROSECUTION AGAINST A NATIONAL or RESIDENT IN THE EXECUTING MS
 OPTIONAL GUARANTEE :
RETURN OF THE PERSON CONCERNED TO THE EXECUTING MS IN
ORDER TO SERVE THE CUSTODIAL SENTENCE OR DETENTION ORDER
28/02/2019
Cicero Foundation - International Seminar for Experts

10. Cicero Foundation - International Seminar for Experts
THE FRAMEWORK DECISION ON THE EUROPEAN ARREST WARRANT JUDICIAL AUTHORITIES AND CENTRAL AUTHORITIES
The issuing judicial authority is the judicial authority of the issuing MS, competent to issue an EAW
The executing judicial authority is the judicial authority of the executing MS, competent to execute a EAW
Each MS may designate a central authority :
- to assist the competent judicial authority
- for the administrative transmission and reception
28/02/2019
Cicero Foundation - International Seminar for Experts

11. THE FRAMEWORK DECISION ON THE EUROPEAN ARREST WARRANT IMPLEMENTATIONMS
DATE
TIME LIMIT
LANGUAGE
DELAY AT
G, F, NL
40 days BE
F, NL, G, E
10 days CZ DE  CY
Gr, Tk, E
03 days DK
DK, SE, E
28/02/2019
Cicero Foundation - International Seminar for Experts

12. THE FRAMEWORKDECISION ON THE EUROPEAN ARREST WARRANT IMPLEMENTATIONMS
DATE
TIME LIMIT
LANGUAGE
DELAY EE
Est, E
03 days EL Gr
10 days ES Es FI
Fin, SE, E
ASAP FR F
06 days HU H
40 days IE
Gaëllic, E
07 days
28/02/2019
Cicero Foundation - International Seminar for Experts

13. THE FRAMEWORKDECISION ON THE EUROPEAN ARREST WARRANT IMPLEMENTATIONMS
DATE
TIME LIMIT
LANGUAGE
DELAY IT It
10 days LT
Let
72 hours LU
F, G, E
06 days LV
Lit, E
48 hours MT
Mt, E NL
NL, E
20 days PL Pl
03 mths
28/02/2019
Cicero Foundation - International Seminar for Experts

14. THE FRAMEWORKDECISION ON THE EUROPEAN ARREST WARRANT IMPLEMENTATIONMS
DATE
TIME LIMIT
LANGUAGE
DELAY PT Pt
10 days SI Sl
20 days SK Sk
18 days SE
SE,DK,NO,E
ASAP UK E
48 hours
BUL
ROM
28/02/2019
Cicero Foundation - International Seminar for Experts

15. Cicero Foundation - International Seminar for Experts
THE FRAMEWORK DECISION ON THE EUROPEAN ARREST WARRANT SURRENDER PROCEDURE
TIME LIMITS:
1. for the decision to execute the EAW :
 with consent : days
 without consent : 60 days after arrest
if not : inform immediately the issuing MS
days
2. for the surrender of the person :
 ASAP or maximum 10 days after final decision
if not : immediat contact with the issuing MS
 maximum 10 days after new date
28/02/2019
Cicero Foundation - International Seminar for Experts

16. Cicero Foundation - International Seminar for Experts
THE FRAMEWORKDECISION ON THE EUROPEAN ARREST WARRANT SURRENDER PROCEDURE
POSSIBILITY TO POSTPONE THE SURRENDER
1. For serious humanitarian reasons
(endanger the life of health of the person)
2. For prosecution of the person in the executing MS
or, if already sentenced, for serve a sentence in the executing MS
28/02/2019
Cicero Foundation - International Seminar for Experts

17. THE FRAMEWORKDECISION ON THE EUROPEAN ARREST WARRANT EVALUATION
DURING THE YEAR 2005
ARRESTED PERSONS :
EFFECTIVELY SURRENDERED PERSONS :
NATIONALS SURRENDED :
REFUSALS :
DELAY FOR SURRENDER : à 40 DAYS
28/02/2019
Cicero Foundation - International Seminar for Experts