The surrender of prosecuted persons under the EAW procedure: Issues of transposition of EU criminal policy to the national level
| Date | 01 March 2020 |
| Author | Joanna Beata Banach-Gutierrez |
| Published date | 01 March 2020 |
| DOI | 10.1177/2032284420901591 |
| Subject Matter | Articles |
Article
The surrender of prosecuted
persons under the EAW
procedure: Issues of
transposition of EU criminal
policy to the national level
Joanna Beata Banach-Gutierrez
University of Warmia and Mazury in Olsztyn, Poland
Abstract
This article deals with the transposition of European Union (EU) criminal policy to national justice
systems, taking, as an example, the surrender of prosecuted persons under the European Arrest
Warrant (EAW) procedure. In particular, attention is focused on the question about the limits of
the application of mutual recognition in the event of executing the EAW that is also linked to the
increasing role of punishment, as a measure for rehabilitation and reintegration of the offender into
society. The author argues that national citizenship should be treated very carefully by judicial
authorities in the EU Member States which are deciding on the surrender of the prosecuted
person under the EAW procedure. This care should apply whether surrender is for the purposes
of criminal prosecution, the execution of custodial sentences or in the case of the transfer of
sentenced persons to their State of nationality under Council Framework Decision 2008/909/JHA.
With this aim, the first section explains the possible functions of punishment in contemporary
penology; the second section is devoted to the Court of Justice of the EU rulings which are crucial
for the further developments of EU criminal policy; and the third section refers to the Polish
experience in surrendering own nationals for the purposes of prosecution in the EAW issuing
Member State.
Keywords
Mutual recognition, European Arrest Warrant, transfer of sentenced persons
Corresponding author:
Joanna Beata Banach-Gutierrez, Faculty of Law and Administration, University of Warmia and Mazury in Olsztyn, Olsztyn,
Poland.
E-mail: joanna.banach-gutierrez@uwm.edu.pl
New Journal of European Criminal Law
2020, Vol. 11(1) 54–68
ªThe Author(s) 2020
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/2032284420901591
njecl.sagepub.com
NJECL
NJECL
To continue reading
Request your trial