Annex II: European Implementation Assessment on the European Arrest Warrant- Questions for Interviewees

• Author: Ballegooij, Wouter van
• Pages: 105-107

European Arre st Warrant

105

Annex II: European Implementation Assessment on the

European Arrest Warrant – Questions for Interviewees

European Implementati on Assessment o n the European Arres t Warrant

Questi ons for int erviewees

European Parliamentary Research S ervice, EVAL uni t, March 202 0

Transpo sition probl ems and their practi cal impl ications

Questi on 1

It appears that there are significant differences in the ways in which Member States have transposed

the provisions of the Framework decision on the European Arrest Warrant (FD EAW). Which

provisions are mainly concerned? Which differences in transposition cause the most problems in

pract ice?

Relevance

Questi on 2

Is th e FD EA W st ill rele vant in light of developments that took place since its adoption in 2002,

not ably d igitalis atio n and glo balisatio n? Do its orig inal ob jectives s till cor resp ond to th e (EU) n eeds

in t he ar ea of judicial coop erat ion?

Effecti veness

Questi on 3

When contrasted with pre-existing e xtradition arrangements between EU Member States.

1. Has the F D EAW s ucceeded in achieving its sta ted objectives:

a) Speeding up procedur es (recital 1, tak ing into account the r elevant Commissio n stat istics)?

b) Removing the complexity and potential for delay inh erent in extradition pr ocedures (recital

5)?

c) Implem entin g the princip le of mu tual r ecogn ition (r ecital 6) ?

o As regards limiting th e applica tion o f the doub le crimin ality req uirement

o As r egar ds limit ing t he nat ionality exceptio n

d) Ens uring that an EA W is s ubject to s ufficien t contr ols by a ju dicial au tho rity (r ecital 8)?