Chapters

• The EAW and how it functions as an instrument of mutual recognition
• Outline
• Before the EAW…The role of the Council of Europe:Extradition Convention 1957
• Before the EAW…Extradition Convention 1957 (1/2)
• Before the EAW…Extradition Convention 1957 (2/2)
• Before the EAW…
• MR instruments
• And then….
• EAW: legal framework
• An EAW is
• General principles
• Scope of the EAW (Article 2)
• Issued EAWs
• EAWs received
• Time
• Main differences with extradition
• Article 8 Content and form of the EAW
• Annex: the Form (1/2)
• Annex: the Form (2/2)
• Criminal procedure in the issuing MS
• Person apprehended
• Postponement of the surrender
• For what crimes? Article 2(2) FD EAW
• For what crimes?
• Limitation of double criminality
• CJEU K.L., JUDGMENT OF 14. 7. 2022 – CASE C-168/21
• CJEU: Restrictive Interpretation of double criminality
• Type of offences for which the EAW is mostly used
• Speciality principle in EAW cases
• The Dynamic of the EAW: Division of competences
• Content and validity of the EAW: requirements as to the lawfulness of the EAW
• Focus on the concept of judicial decision
• Issuing judicial authority: autonomous concept
• “Issuing judicial authority”
• Executing authority
• Focus on effective judicial review (1/2)
• Focus on effective judicial review (2/2)
• Prosecutors as executing authorities
• On mutual recognition and execution of an EAW
• Grounds for refusal
• Grounds for non-execution
• Fundamental rights as a ground for refusal
• Mutual recognition, mutual trust and fundamental rights
• Mutual Trust
• Fundamental rights as a ground for refusal
• Judgment in absentia
• Poor detention conditions
• CJEU, Aranyosi and Caldararu
• Fundamental Rights/Two-step test
• Fair trial rights
• Fair trial rights (independence of the judiciary) (1/2)
• Fair trial rights (independence of the judiciary) (2/2)
• CJEU, Minister for Justice and Equality LM, 25 July 2018 (1/2)
• CJEU, Minister for Justice and Equality LM, 25 July 2018 (2/2)
• Structural deficiencies concerning the independence of the judiciary
• EAW and right to health (I)
• EAW and right to health (II)
• EAW and motherhood: Case C‑261/22, GN, 21 December 2023
• ECtHR, BIVOLARU et MOLDOVAN c France, 25 mars 2021 (1/3)
• ECtHR, BIVOLARU et MOLDOVAN c France, 25 mars 2021 (2/3)
• ECtHR, BIVOLARU et MOLDOVAN c France, 25 mars 2021 (3/3)
• Fundamental Rights Agency (FRA)
• Fair Trial Rights – Report 2021