The European Arrest Warrant

Date01 March 2010
DOI10.1177/203228441000100103
AuthorJodie Blackstock
Published date01 March 2010
Subject MatterAnalysis & Opinions
16 Intersentia
THE EUROPEAN ARREST WARRANT
Brieng and Suggested Amendments
J B*
1. INTRODUCTION
1. JUSTICE is a British-based human rights and law reform organisation, whose
mission is to advance justice, human rights and the rule of law. JUSTICE is
regularly consulted upon the policy and human rights implications of, amongst
other areas, policing, crimina l law and criminal justice reform. It is also the British
section of the International C ommission of Jurists.
2. is paper ai ms to provide a critical analysis of the Europe an Arrest Warrant
(EAW) scheme from a defence focus sed, practical perspec tive. In doing so we se t
out the origins to action in this eld and the shortcomings to t he scheme that we
have identied.1
3. e opportunity to review and implement meaningful and necessar y amendments
and additions to the EAW Scheme has arrived with the Justice and Home Aa irs
work programme (the Stock holm Programme) hav ing been adopted by the
European Counci l in December and its i mplementation throug h the Action Plan
under consideration. We noted in our brieng on the Commission ‘Communication
on an area of freedom, secur ity and justice: serving t he citizen’ that there must be
implementation and eva luation of all mutual recognition framework decisions
that have been adopted prior to the development of additional prosecution focussed
instruments.2 Where evaluation has taken place in which deciencies are identied,
* Senior Legal Ocer (EU: JHA) Emai l: jblackstock @justice.org.uk Tel: 02 0 7762 6436 JUST ICE, 59
Carter La ne, London EC4V 5AQ Tel: 020 7329 5100 Fax: 020 7329 5055 E-mail: admin@ justice.org.
uk Website: www.just ice.org.uk.
1 is paper should be read in conjunction with the ar ticle Four Years of the European Arrest Warrant:
what lessons a re there for the future? J. Black stock, JUSTICE Journa l [2009] 1, 28.
2 Www.justice.org.u k/image s/pdfs/R esponse%2 0to%20the%20Europ ean%20Commis sion%20
Communication%20on%20a n%20ar%85.pdf.

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