European Arrest Warrant

25-03-2010

While the Framework Decision on the European Arrest Warrant (AWFD) has brought efficiency to surrender procedures, it has also raised concerns about the fundamental rights of individuals. One particular concern is the lack of a specific right to refuse a warrant's execution where there is a risk of a human rights' breach. The European Convention on Human Rights (ECHR) provides for guarantees which in certain cases can apply to surrender procedures. Moreover, fundamental rights are enshrined in national constitutions and therefore some constitutional courts have been compelled to judge on the constitutionality of EAW implementing legislation.

While the Framework Decision on the European Arrest Warrant (AWFD) has brought efficiency to surrender procedures, it has also raised concerns about the fundamental rights of individuals. One particular concern is the lack of a specific right to refuse a warrant's execution where there is a risk of a human rights' breach. The European Convention on Human Rights (ECHR) provides for guarantees which in certain cases can apply to surrender procedures. Moreover, fundamental rights are enshrined in national constitutions and therefore some constitutional courts have been compelled to judge on the constitutionality of EAW implementing legislation.