Applying the EAW in Practice: Insights from a Judge

• Jurisdiction: European Union
• Year: 2024

Speaker

Florentino-Gregorio Ruiz Yamuza has a 25-year career as a Judge. He is currently Senior Judge. Appeal Court of Huelva, Third Chamber for Criminal cases. With extensive experience in international projects and on international panels, he is a Member of the Spanish Judicial Network on International Cooperation, Criminal Division. Florentino-Gregorio has conducted several courses at the Universities of Huelva, Sevilla and International University of Andalucía (UNIA), and as well for the European Judicial Training Network (EJTN), devoted to international law, comparative law and international cooperation.

Topic

The e-presentation delivers a comprehensive overview of the principles of mutual recognition, grounds for refusal, and the intricate dynamics of cooperation among European Union (EU) Member States within the framework of European Arrest Warrant (EAW) proceedings. Through a detailed examination of critical elements such as double criminality, ne bis in idem, and the protection of fundamental rights, participants gain a deeper understanding of the complexities inherent in EAW procedures.

At the core of the presentation lies the principle of mutual recognition, which serves as the cornerstone of judicial cooperation within the EU. This principle facilitates the recognition and enforcement of judicial decisions, including EAWs, across member states, promoting efficiency and effectiveness in cross-border law enforcement efforts.

Participants are guided through an exploration of the grounds for refusal that may arise during EAW proceedings, navigating the legal intricacies that can lead to the rejection of extradition requests. By delving into the nuances of double criminality and the doctrine of ne bis in idem, participants gain insights into the legal principles governing extradition requests and the safeguards in place to protect individual rights throughout the process.

Of particular significance is the examination of the evolving case law of the Court of Justice of the European Union (CJEU) and its impact on extradition practices within the EU. From seminal decisions such as Grundza and Piotrowski to recent rulings like A and KL,...