prosecuting a person when the offence for which the person is being prosecuted has a maximum penalty of at least 1 year of prison. The mechanism is based on the principle of mutual recognition and therefore operates via direct contacts between judicial authorities.Īn EAW may be issued by a national judicial authority for It is the most successful instrument of judicial cooperation in criminal matters in the Union.įor example, the EAW was applied in the following cases:Ī terrorist involved in the Paris attacks caught in Belgium,Īn attacker of the Brussels Jewish Museum arrested in France,Ī German serial killer tracked down in Spain,Ī suspected drug smuggler from Malta surrendered by the UK,Ī gang of armed robbers sought by Italy whose members were arrested in 6 different EU countries.Īn EAW issued by one EU country's judicial authority is valid in the entire territory of the EU. The aim of the EAW is to ensure that open borders and free movement in the Union are not exploited by those seeking to evade justice. It has replaced the lengthy extradition procedures that used to exist between EU countries. The Framework Decision on EAW has been in force since 1 January 2004 in all Member States. The European arrest warrant ("EAW") is a simplified cross-border judicial surrender procedure – for the purpose of prosecution or executing a custodial sentence or detention order.
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