Izvorni znanstveni članak
Council Framework Decision of 13 June 2002 on the European Arrest Warrant (EAW) and the Surrender Procedures Between Member States (2002/584/JHA)
Davor Krapac
; Hrvatska akademija znanosti i umjetnosti, zagreb, Hrvatska
Sažetak
Council Framework Decision on the European arrest warrant of 13 June 2002 (hereinafter: EAW) has replaced all previous legal instruments concerning extradition for the purpose of prosecution in cases of cross-border crime, replacing at the same time the traditional term “extradition” with “surrender” of the requested person. The Republic of Croatia transposed the provisions concerning the EAW into national law on the basis of an amendment to Article 9 of the Constitution in 2009 into the Act on Judicial Co-operation in Criminal Matters with EU Member States of 2010 (hereinafter: AJCCM-EU), which entered into force on 1 July 2013, i.e. the date of accession of Croatia to the EU (Article 133). In this paper, the author starts with an analysis of the main characteristics of the EAW, followed by a look at the way they are reflected in the AJCCM-EU, concluding with remarks on key characteristics of the new Croatian law concerning judicial co-operation with EU member states.
As regards the characteristics of the EAW, the author singles out four important new features: a complete judicialisation of the extradition procedure effected by the removal of involvement of the executive in the surrender of the requested person; the removal of the test of mutual punishability for 32 specific categories of criminal offences for which extradition is requested, which strongly emphasises the principle of mutual trust of member states in their criminal justice systems; the introduction of the possibility to extradite own citizen to a foreign country; and of the obligation to execute a foreign-issued EAW for the execution state, with short deadlines for reaching a decision on the warrant and even shorter ones for its execution. Even though these “parameters” may cause some difficulty to national authorities in the execution of the EAW, which has been demonstrated through Croatian experiences in the application of the AJCCM-EU, the author believes they ultimately contribute to the improvement of the legal status of the requested person. As the analysis of the AJCCM-EU suggests, the requested person is no longer a mere object of negotiation between national authorities as was the case in classical extradition law; he can actually actively participate in the surrender procedure, defend himself, and insist on his interest not to be surrendered to the judicial authority of the foreign state which has issued the EAW unless all legal requirements for the surrender are met. The author thus emphasises that the principle of fair procedure, a pillar of modern criminal procedure, is contained in the normative phrasing of the surrender procedure. Whether the principle was adhered to in a concrete case may be ruled on in a review procedure by a higher judicial authority.
Ključne riječi
European Union; European arrest warrant; Act on Judicial Co-operation in Criminal Matters with EU Member States; extradition
Hrčak ID:
132633
URI
Datum izdavanja:
16.12.2014.
Posjeta: 1.698 *