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9789067042932

The European Arrest Warrant in Practice

by
  • ISBN13:

    9789067042932

  • ISBN10:

    9067042935

  • Edition: 1st
  • Format: Hardcover
  • Copyright: 2009-05-11
  • Publisher: T.M.C. Asser Press

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Summary

The European Arrest Warrant system is an extradition system between Member States of the European Union. Implemented in 2004, it has now had its first four years of application in practice. This book focuses on the most important differences between it and the former extradition system, discusses practical problems that have been encountered and offers recommendations for improvements. Readers will find comments on the various stages of the surrender procedure in a chronological order, starting with the content of the European Arrest Warrant, continuing with the refusal grounds and ending with the consequences of surrender. Two chapters deal with other (regional) extradition systems: the one of the Nordic countries and the one of the United States.

Table of Contents

Preface
Introduction
The content of a European arrest warrant
Consent procedure Mariana
Detention
The dual criminality requirement
Surrender of nationals
Locus Delicti exceptions
European Arrest Warrant in practice and Ne Bis In Idem
Statutory limitations
Human rights as a barrier to surrender
European Arrest Warrants. Immunities and amnesties
Humanitarian concerns within the EAW
The principle of proportionality: alternative measures to the European Arrest Warrant Mariana
Denial of guilt
Abuse of the European Arrest Warrant system
Speciality rule
Handing over of property according to Art. 29 of the European Arrest Warrant Framework Decision: legal scope, implementation and alternative regimes for handing over property in the EU Member States
The EAW in practice in the United Kingdom
Prisoner transfer within the European Union: the European Enforcement Order and beyond
Extradition between Nordic countries, and the new Nordic Arrest Warrant
Extradition in the United States
Epilogue
Annex: the European Arrest Warrant Framework Decision
Table of Contents provided by Publisher. All Rights Reserved.

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