The article examines the European Arrest Warrant (EAW) and the issues which have emerged in its fi rst 10 years of practice. Aft er a first section explaining the choice for the principle of mutual recognition as expression of eff ectiveness and subsidiarity in judicial cooperation in criminal matters, the articles discusses questions such as (ab)uses of the EAW as a mutual legal assistance instrument, the question of petty crimes and the proportionality test, the relation between mutual trust, fundamental rights and judicial review, and, lastly, nationality and residence clauses. It concludes on the importance of addressing these issues in the appropriate legal setting, be it legislative or judicial, with the aim of strengthening the eff ectiveness and legitimacy of the EAW.

Effective and Legitimate? Learning from the Lessons of 10 Years of Practice with the European Arrest Warrant

Marin L
2014

Abstract

The article examines the European Arrest Warrant (EAW) and the issues which have emerged in its fi rst 10 years of practice. Aft er a first section explaining the choice for the principle of mutual recognition as expression of eff ectiveness and subsidiarity in judicial cooperation in criminal matters, the articles discusses questions such as (ab)uses of the EAW as a mutual legal assistance instrument, the question of petty crimes and the proportionality test, the relation between mutual trust, fundamental rights and judicial review, and, lastly, nationality and residence clauses. It concludes on the importance of addressing these issues in the appropriate legal setting, be it legislative or judicial, with the aim of strengthening the eff ectiveness and legitimacy of the EAW.
effectiveness; European Arrest Warrant; legitimacy; mutual recognition; principle of legality; petty crimes; proportionality; non-discrimination
Marin, L
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11383/2141616
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