A Lawyer’s Perspective on Issues and Challenges Faced with the EAW and Defence Rights

• Jurisdiction: European Union
• Year: 2024

Speaker

Vânia Costa Ramos, a prominent legal figure, serves as Partner at Carlos Pinto de Abreu e Associados in Portugal. She holds esteemed positions, including Vice-Chair of the European Criminal Bar Association and membership in the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) representing Portugal. Vânia contributes her expertise as a member of Fair Trials International Legal Experts Advisory Panel and as a Scientific Collaborator at the Center for European Law, Free University of Brussels. Her commitment extends to teaching, where she lectures on European Criminal Law at the Legal Clinic.

Topic

This e-presentation provides an in-depth exploration of the practical dimensions surrounding European Arrest Warrant (EAW) cases. It delves into key topics essential for understanding the complexities involved in navigating the EAW system effectively.

One crucial aspect covered in this presentation is the meticulous assessment of the validity of an EAW. Participants will gain insights into the criteria used to determine the legitimacy of warrants, ensuring adherence to legal standards and procedural requirements across European jurisdictions.

Furthermore, the presentation elucidates the concept of proportionality within the context of EAW cases. Participants will explore how proportionality considerations play a pivotal role in evaluating the appropriateness and necessity of extradition requests, fostering a balanced approach to justice and legal cooperation among member states.

Another significant focus of this e-presentation is the examination of grounds for refusal inherent in EAW proceedings, including the principle of ne bis in idem. Participants will gain a comprehensive understanding of the circumstances under which extradition requests may be rejected, safeguarding individuals against double jeopardy and promoting fairness in extradition proceedings.

Moreover, the presentation highlights the paramount importance of human rights considerations in EAW cases. Participants will explore the intersection between extradition law and human rights principles, discerning how to effectively...