Zoekresultaten

Zoekopdracht: faculteit: "FdR" en publicatiejaar: "2012"

AuteurA.H. Buijsman
TitelThe European arrest warrant : a closer look at the tension between extraditions and the protection of human rights
BegeleiderH. van der Wilt
Jaar2012
Pagina's30
FaculteitFaculteit der Rechtsgeleerdheid
OpleidingFdR MA International and European Law: Public International Law
TrefwoordenEuropean arrest warrant; EAW; human rights; extradition
SamenvattingOn 1 January 2004 the Council Framework Decision on the European arrest warrant entered into force. The objectives were to replace the extradition between Member States with a simplified system of surrender of sentenced or suspected persons and remove the complexity of current extradition procedures to improve the speed of extraditions. With the European arrest warrant all previous instruments concerning extradition between the Member States were replaced.
With regard to article 82 of the Treaty on the Functioning of the European Union, and point 6 of the preamble of the Framework Decision, the principle of mutual recognition is the basis for this European arrest warrant and the cornerstone for judicial cooperation. A mutual confidence in the criminal justice systems of all the Member States can be seen as the way of putting this principle of mutual recognition into practice.
In this way it is presupposed that every Member State of the European Union has a sound criminal justice system, and the confidence in such a legal system would in case of a bilateral treaty be sufficient if both parties would agree on that condition. Within the European Union however we might conclude that more complicated issues arise. The tension between the protection of human rights and extraditions within the European Union leads to questions as what the consequences should be if, in case of a gross violation of human rights, the basis of mutual confidence has been violated. Because if there is no basis for a mutual confidence, what should be the basis for the extradition?
By scrutinizing several solutions an answer is tried to be found to the important question if a stricter mechanism of supervision should apply so that a flagrant violation of human rights should be a reason to suspend the Framework Decision, albeit temporarily. Where the quite course ‘suspension of a treaty’ device will be rejected, a system of monitoring seems to be a more favourable solution.
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