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The European Arrest Warrant and 'In Absentia' Judgments


ISBN13: 9789462369856
Published: January 2020
Publisher: Eleven International Publishing
Country of Publication: The Netherlands
Format: Paperback
Price: £66.50



Despatched in 5 to 7 days.

The absence of the accused in criminal proceedings leading to a conviction causes many legal and practical questions when an European Arrest Warrant is issued to execute such an in absentia judgment. Whereas some Member States see no problem in allowing trials without the accused, other Member States have serious objections to it. These different standards create many problems in practice and necessitate the executing judicial authority to request supplementary information from the issuing judicial authority, leading to delays and extra costs. It may result in – sometimes unjustified – refusals to execute the EAW. This study identifies the problems concerning the application of Article 4a(1) Framework Decision 2002/584 on in absentia judgments and proposes both practical and legislative solutions. It intends to contribute to a reduction of the number of in absentia cases, speeding up the surrender proceedings and raising the safeguards for the individual.

Subjects:
International Criminal Law
Contents:
Part I. The Research Project Report
1. Introduction
2. Generalities of the EAW-System
3. General Observations on Article 4a(1) Framework Decision 2002/584/JHA
4. Meaning of the Expression ‘Trial In Absentia
5. Trial Resulting in the Decision
6. Summons; Mandated LegalCounsellor; Right to a Retrial: Decision Already Served
7. Right to a Retrial: Decision Served after Surrender
8. Margin of Discretion
9. Conclusions and Recommendations
Table of European Cases
Part II. Proposal to Amend the EAW-Form
1. Amendment of Section (d) of the EAW-Form (proposed changes in bold)
2. Amendment of Section (c) (Proposed Changes in Bold) 229
Part III. Case-Law Guide
1. Introduction
2. Scope of Application of the ECHR to Proceedings Concerning the Execution of EAWs – General Remarks
3. Scope of Application of the EU Charter of Fundamental Rights to Proceedings Concerning Execution of EAWs
4. Fair In Absentia Criminal Proceedings under the ECHR and under EU Law
5. A Judgment Rendered In Absentia as an Optional Ground for Refusal to Execute EAWs – Admissibility of Surrender of a Person Despite That Conditions Indicated in Article 4a(1) of FD 2002/584/JHA Are Not Met
6. Conclusions: Strasbourg and Luxembourg – Difference in Standards
Table of European Cases
Part IV. Manual for Filling in and Assessing Section (d) of the EAW
1. Introduction
2. Roadmap to Section (d)

Series: Maastricht Law

Sustainable Property Law: Reckoning, Resilience, and Reform ISBN 9789462362895
Published April 2022
Eleven International Publishing
£15.00
Law, Science, Rationality ISBN 9789462369894
Published December 2019
Eleven International Publishing
£62.00
Five Uneasy Pieces: Essays on Law and Evolution ISBN 9789462369825
Published December 2019
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£36.50
Sustainability and Private Law ISBN 9789462369863
Published December 2019
Eleven International Publishing
£55.50
Foundations and Building Blocks of Law ISBN 9789462368606
Published May 2018
Eleven International Publishing
£68.90
Does the Law of Succession Reflect Cultural Differences? ISBN 9789462368569
Published April 2018
Eleven International Publishing
£21.00
The Position of Dutch Works Councils in Multinational Corporations ISBN 9789462368484
Published April 2018
Eleven International Publishing
£68.90