European Arrest Warrant - Recent Developments

The EAW has a key role to play in the fight against terrorism and in bringing those accused of serious crime to justice.

This Report draws to the attention of the House two recent developments relating to the EAW:

1. EC Commission’s recent report on the implementation of the EAW, criticising Member States for inadequate or faulty implementation; and

2. The reactions of certain Member States’ constitutional courts to the EAW, finding incompatibility with safeguards provided for their nationals. Some legal uncertainty now surrounds the EAW. Until this is resolved the EAW may not be fully effective between Member States. Further, the adoption of other measures based on mutual recognition, such as the European Evidence Warrant, may be delayed.

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European Arrest Warrant - Recent Developments