EU arrest warrant: mutual trust key to ensure recognition of judicial decisions
- EP wants to enlarge of the list of offences that allow for automatic surrender
- No trust possible without respect to rule of law and fundamental rights
- Concern over prison conditions in certain member states
The European Arrest Warrant (EAW) is a major achievement and an indispensable instrument for combatting serious crime, say MEPs, who propose some changes to improve it.
Parliament adopted on Wednesday, with 444 votes to 139 and 106 abstentions, a report assessing the results of the simplified cross-border judicial surrender procedure that in 2004 replaced the lengthy extradition procedures between EU countries, based on the principle of mutual recognition of court decisions.
MEPs consider the EAW is “generally a success”, but see some particular problems that, without calling the system into question, are hampering its good functioning. They point to detention and prison conditions, proportionality, dual legal representation in both countries involved, training, and rule of law issues. They also complain for the lack of comparable and reliable data about the execution and refusal of arrest warrants by member state.
Refusal of an EAW should be an exception
The resolution underlines that the European Arrest Warrant should not be misused for minor offences, limiting it to serious crimes and only when other less intrusive legal instruments, such as the European investigation order, have been exhausted. In line with the EU’s Court of Justice case law, the refusal to execute an EAW should be an exception, given the limited number of grounds foreseen in the rules.
Limit the use of the double criminality check
Mutual trust is a prerequisite to ensure respect to the mutual recognition principle, MEPs say. This can be achieved “only if respect for the fundamental and procedural rights of suspects and accused persons is guaranteed”, they add.
The double criminality check -the process to verify whether the act is a criminal offence in both countries- limits mutual recognition, warns the EP, asking the Commission to assess thoroughly the list of 32 categories that do not require such a check and to clarify further the specific offences concerned. This allows for a more automatic surrender, provided the offence is punishable by a maximum imprisonment of at least 3 years.
The Commission should consider including in this list additional offences or categories, such as environmental crimes, certain forms of tax evasion, hate crimes, sexual abuse, gender-based violence, identity theft, those involving the use of violence or a serious threat against public order of the Member States and crimes against the constitutional integrity of the Member States committed by using violence, genocide, crimes against humanity and war crimes.
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“The European Arrest Warrant is the biggest EU achievement in the field of judicial cooperation, a qualitative leap in the common fight against impunity. With these proposals, Parliament is trying to address some of its main shortcomings. We also encourage the Commission to ensure a correct application of the rules, both in letter and spirit, opening infringement proceedings if necessary”, said rapporteur Javier Zarzalejos (EPP, ES), rapporteur, during the plenary debate.
Contacts:
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Estefanía NARRILLOS
Press Officer