Kaderbesluit 2002/584 - Europees aanhoudingsbevel en de procedures van overlevering tussen de lidstaten - Verklaringen van sommige lidstaten bij de aanneming van het kaderbesluit

SUMMARY OF:

Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between EU countries

WHAT IS THE AIM OF THE FRAMEWORK DECISION?

It improves and simplifies judicial procedures to speed up the return of people from another European Union (EU) country who have committed a serious crime.

KEY POINTS

The European arrest warrant (EAW) replaces the extradition system. It requires each national judicial authority to recognise and act on, with a minimum of formalities and within a set deadline, requests made by the judicial authority of another EU country. A warrant asks for a person to be handed over so that:

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  a criminal prosecution can be conducted;
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  the person can be placed in custody or detention.

The warrant applies in the following cases:

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  offences punishable by imprisonment or a detention order for a maximum period of at least 1 year;
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  where a final custodial sentence has been passed or a detention order has been made, for sentences of at least 4 months.

Proportionate use of the warrant

EU countries must take the following into consideration (non-exhaustive list):

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  the circumstances and the gravity of the offence;
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  the likely sentence;
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  less coercive alternative measures.

When an individual is arrested, he/she must be informed of the contents of the arrest warrant.

In which cases must EU countries refuse to act on a warrant?

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  If an EU country has already handed down a final judgment on the person concerned for the same offence.
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  If the offence is covered by an amnesty in the EU country asked to hand over the perpetrator.
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  If the person concerned may not be held criminally responsible by the EU country asked to act on the warrant, owing to his/her age.

Rules to ensure procedural rights in arrest-warrant proceedings

These include:

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  Directive 2010/64/EU on the right to translation and interpretation in criminal proceedings;
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  Directive 2012/13/EU on the right of subjects to be informed of their rights;
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  Directive 2013/48/EU on the right to have access to a lawyer and the right of persons in custody to communicate with family members and employers;
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  Directive (EU) 2016/1919 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in EAW proceedings.

Room for improvement

The European Commission adopted its first report on EAW in 2011. It found that although the European arrest warrant was very successful in helping EU countries fight crime, several areas could be improved further, including:

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  transposition;
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  correct application;
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  proportionality;
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  ensuring procedural rights.

The Commission adopted the 4th Implementation Report on the EAW in July 2020.

FROM WHEN DOES THE FRAMEWORK DECISION APPLY?

It has applied since 7 August 2002 and EU countries must take the necessary measures to comply with this Framework Decision by 31 December 2003.

BACKGROUND

For further information, see:

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  European arrest warrant (European Commission)
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  European Arrest Warrant (European e-Justice Program)

MAIN DOCUMENT

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States — Statements made by certain Member States on the adoption of the framework decision (OJ L 190, 18.7.2002, pp. 1-20)

Successive amendments to Framework Decision 2002/584/JHA have been incorporated in the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings (OJ L 297, 4.11.2016, pp. 1-8)

See consolidated version.

Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294, 6.11.2013, pp. 1-12)

Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ L 142, 1.6.2012, pp. 1-10)

Report from the Commission to the European Parliament and the Council on the implementation since 2007 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (COM(2011) 175 final, 11.4.2011)

Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ L 280, 26.10.2010, pp. 1-7)

Statements provided for in Article 31(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedure between Member States (OJ L 246, 29.9.2003, p. 1)

last update 29.07.2015

Deze samenvatting is overgenomen van EUR-Lex.