The European Arrest Warrant (EAW) is a legal instrument that facilitates cooperation among European Union member states for the arrest and surrender of individuals sought for criminal prosecution or the execution of a custodial sentence. However, there are specific circumstances under which a member state may refuse to execute an EAW.
Mandatory Grounds for Refusal
A member state is required to refuse the execution of an EAW in the following cases:
- Ne bis in idem: If the individual has already been finally judged for the same offense in another member state, and if convicted, the sentence has been served or can no longer be executed under the law of the sentencing state.
- Age of criminal responsibility: If the individual sought has not reached the age of criminal responsibility according to the law of the executing state.
Optional Grounds for Refusal
A member state may, at its discretion, refuse the execution of an EAW in the following situations:
- Ongoing proceedings in the executing state: If the individual sought is subject to criminal proceedings in the executing state for the same act on which the EAW is based.
- Local jurisdiction: If the offense on which the EAW is based was committed, wholly or partly, within the territory of the executing state.
- Statute of limitations: If the prosecution or punishment is statute-barred according to the law of the executing state and the offense falls within its jurisdiction.
Fundamental Rights and Detention Conditions
Another crucial aspect concerns the respect for fundamental rights. If there is concrete evidence indicating a real risk of inhuman or degrading treatment for the individual sought in the requesting member state, the judicial authority of the executing state may decide to suspend or refuse the surrender. This principle has been reaffirmed by the Court of Justice of the European Union in several judgments.
Conclusion
While the EAW is a fundamental tool for judicial cooperation within the EU, its use must always respect fundamental rights and the specificities of the legal systems of the member states. Judicial authorities must carefully assess each case to ensure that the execution of an EAW does not compromise principles of justice and fairness.