The European Commission urges Germany, Spain, Latvia and Slovenia to comply with cross-border judicial procedures on the European Arrest Warrant

The Commission urges Germany, Spain, Latvia and Slovenia to comply with cross-border judicial procedures on the European Arrest Warrant.  

The European Commission decided to send an additional letter of formal notice to Germany, Latvia and Slovenia and a reasoned opinion to Spain for failing to comply with the Framework Decision on the European Arrest Warrant and the surrender procedures between Member States (Council Framework Decision 2002/584/JHA).

The European arrest warrant (EAW) is a simplified cross-border judicial procedure to surrender a requested person for the purpose of prosecution or executing a custodial sentence or detention order. Operational since 1 January 2004, the EAW has replaced the lengthy extradition procedures that existed between EU Member States.

The Commission first sent a letter of formal notice to Germany in February 2021, to Spain in May 2021, to Latvia in December 2021 and to Slovenia in February 2022. On analysis of their replies, the Commission concluded that Germany, Latvia and Slovenia failed to correctly transpose the provision on the optional grounds for refusal to execute the EAW.

Moreover, Germany failed to transpose the provision on the situation of the requested person pending the decision to execute the EAW as regard the possibility of his/her temporary transfer. Spain has failed to fully transpose the provisions on surrender or subsequent extradition; moreover, Spain has failed to correctly transpose the provisions on mandatory and optional grounds for refusal and on decisions rendered following a trial at which the person did not appear in person.

Therefore, the Commission has decided to send an additional letter of formal notice to Germany, Latvia and Slovenia, and a reasoned opinion to Spain, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to send Germany, Latvia and Slovenia a reasoned opinion and refer Spain to the Court of Justice of the European Union. (source europa.eu/ photo freepik.com)

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Editorial

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George Kazoleas, Lawyer

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