European Arrest Warrant

20.5.2011

Question for oral answer O-000129/2011
to the Commission
Rule 115
Cornelis de Jong, Søren Bo Søndergaard, Cornelia Ernst, Marie-Christine Vergiat, Rui Tavares, Kyriacos Triantaphyllides
on behalf of the GUE/NGL Group

The Commission has recently issued its implementation report on the European Arrest Warrant (COM(2011)0175), in which it highlighted a series of persisting failures concerning the application of the EAW. For instance, the issue of using the EAW for minor offences without proper consideration of whether surrender is proportionate, notwithstanding the human and financial costs involved (estimated at EUR 25 000 per surrender procedure), and the issue of unacceptable detention conditions which may amount to degrading or inhuman treatment and thus constitute a violation of the European Convention on Human Rights (Article 3) and the European Charter of Fundamental rights (Article 4) and seriously undermine the trust in adequate treatment of prisoners upon which the European Arrest Warrant is based.

–  Does the Commission agree that proportionality should be a key consideration for every issued EAW and that the executing state may refuse to execute an EAW where it demonstrates that the proportionality test has not been met, for instance in the case of very minor offences as defined by national law? Does the Commission intend to clarify and promote guidelines on the proportionality check of an EAW, in parallel with the Council Handbook?

–  How is the Commission going to ensure that wanted persons under a European Arrest Warrant are going to have an effective right to challenge a European Arrest Warrant both in the issuing and executing state and that a decision not to execute a European Arrest Warrant leads to a removal of the Schengen alert?

–  Does the Commission agree that unacceptable prison conditions make it impossible to have the necessary mutual trust in each other’s criminal justice standards, and does it agree that if prison conditions in the European Union are not improved, courts have a de facto refusal ground to block the execution of an EAW in order to protect a person’s fundamental rights?

Tabled: 20.5.2011

Forwarded: 24.5.2011

Deadline for reply: 31.5.2011