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Universal jurisdiction and international crimes: Constraints and best practices

17-09-2018

This report summarises the proceedings of a workshop organised by the European Parliament’s Subcommittee on Human Rights (DROI), in association with the Committee on Legal Affairs (JURI) and the Committee on Civil Liberties, Justice and Home Affairs (LIBE). Academics and practitioners discussed international trends as regards the concept of universal jurisdiction and the EU’s approach to promoting universal jurisdiction through its external relations, as well as practical experience in applying universal ...

This report summarises the proceedings of a workshop organised by the European Parliament’s Subcommittee on Human Rights (DROI), in association with the Committee on Legal Affairs (JURI) and the Committee on Civil Liberties, Justice and Home Affairs (LIBE). Academics and practitioners discussed international trends as regards the concept of universal jurisdiction and the EU’s approach to promoting universal jurisdiction through its external relations, as well as practical experience in applying universal jurisdiction in the fight against impunity in Europe. The experts agreed that universal jurisdiction can play a role as part of a wider accountability strategy, complementary to international courts and prosecutions on other jurisdictional bases. They recommended more specialised training for investigators, prosecutors, judges and law enforcement staff for universal jurisdiction cases and more cooperation at EU and international level. Speakers supported the initiative for a multilateral treaty on mutual legal assistance and extradition. Special attention in universal jurisdiction cases must be given to victims seeking justice, including for sexual and gender-based crimes.

The German Federal Constitutional Court's ruling on the European Arrest Warrant

28-01-2016

The Bundesverfassungsgericht (BVerfG) has now published its December 2015 ruling in favour of a claimant who had lodged a constitutional complaint against the decision to allow his surrender to Italy on the basis of a European arrest warrant issued by the Italian authorities. In its ruling, the German Constitutional Court appears to be departing from its previous 'Solange' case law on the examination of EU acts against fundamental rights enshrined in the Basic Law (Grundgesetz).

The Bundesverfassungsgericht (BVerfG) has now published its December 2015 ruling in favour of a claimant who had lodged a constitutional complaint against the decision to allow his surrender to Italy on the basis of a European arrest warrant issued by the Italian authorities. In its ruling, the German Constitutional Court appears to be departing from its previous 'Solange' case law on the examination of EU acts against fundamental rights enshrined in the Basic Law (Grundgesetz).

The European Added Value of Revising the European Arrest Warrant

16-12-2013

On 17 June 2013, the Committee on Civil Liberties, Justice and Home Affairs (LIBE) requested a European Added Value Assessment (EAVA) to support its work on the legislative initiative report of Baroness Ludford which recommends to the Commission the revision of the European Arrest Warrant (2013/2109(INL)). This assessment builds on expert research commissioned specifically for this purpose and provided by: ANNEX I - A. Weyembergh, Professor at the Université Libre de Bruxelles (ULB) with the assistance ...

On 17 June 2013, the Committee on Civil Liberties, Justice and Home Affairs (LIBE) requested a European Added Value Assessment (EAVA) to support its work on the legislative initiative report of Baroness Ludford which recommends to the Commission the revision of the European Arrest Warrant (2013/2109(INL)). This assessment builds on expert research commissioned specifically for this purpose and provided by: ANNEX I - A. Weyembergh, Professor at the Université Libre de Bruxelles (ULB) with the assistance of Mme I. Armada and C. Brière - on a critical assessment of the existing European Arrest Warrant Framework Decision; ANNEX II - A. Doobay – on the need for intervention at EU level, by assessing whether the European Arrest Warrant Framework Decision is effective, complete and consistently applied among Member States.

Implementing the European Arrest Warrant Decision

04-12-2012

Various stakeholders have expressed concerns about how the European Arrest Warrant (EAW) operates in practice, in particular in relation to the procedural rights of surrendered persons. The 2011 Commission report on implementing the EAW Council Framework Decision has confirmed persistent problems in this respect.

Various stakeholders have expressed concerns about how the European Arrest Warrant (EAW) operates in practice, in particular in relation to the procedural rights of surrendered persons. The 2011 Commission report on implementing the EAW Council Framework Decision has confirmed persistent problems in this respect.

Implementing the European Arrest Warrant Decision

19-05-2011

Various stakeholders have expressed concerns about how the European Arrest Warrant (EAW) operates in practice, in particular in relation to the procedural rights of surrendered persons. The 2011 Commission report on implementing the EAW Council Framework Decision has confirmed persistent problems in this respect.

Various stakeholders have expressed concerns about how the European Arrest Warrant (EAW) operates in practice, in particular in relation to the procedural rights of surrendered persons. The 2011 Commission report on implementing the EAW Council Framework Decision has confirmed persistent problems in this respect.

European Arrest Warrant

25-03-2010

While the Framework Decision on the European Arrest Warrant (AWFD) has brought efficiency to surrender procedures, it has also raised concerns about the fundamental rights of individuals. One particular concern is the lack of a specific right to refuse a warrant's execution where there is a risk of a human rights' breach. The European Convention on Human Rights (ECHR) provides for guarantees which in certain cases can apply to surrender procedures. Moreover, fundamental rights are enshrined in national ...

While the Framework Decision on the European Arrest Warrant (AWFD) has brought efficiency to surrender procedures, it has also raised concerns about the fundamental rights of individuals. One particular concern is the lack of a specific right to refuse a warrant's execution where there is a risk of a human rights' breach. The European Convention on Human Rights (ECHR) provides for guarantees which in certain cases can apply to surrender procedures. Moreover, fundamental rights are enshrined in national constitutions and therefore some constitutional courts have been compelled to judge on the constitutionality of EAW implementing legislation.

Implementation of the European Arrest Warrant and Joint Investigation Teams at EU and National Level

15-01-2009

The European Arrest Warrant and Joint Investigation Teams are two instruments of cooperation in the field of EU Freedom, Security and Justice. They are both currently used by Member States, but to different extents. The 2002 Council Framework Decision adopting the European Arrest Warrant has been challenged by national courts up to the constitutional level. Member States have also regularly implemented the European Arrest Warrant in contradiction with the text of the Framework Decision. Nevertheless ...

The European Arrest Warrant and Joint Investigation Teams are two instruments of cooperation in the field of EU Freedom, Security and Justice. They are both currently used by Member States, but to different extents. The 2002 Council Framework Decision adopting the European Arrest Warrant has been challenged by national courts up to the constitutional level. Member States have also regularly implemented the European Arrest Warrant in contradiction with the text of the Framework Decision. Nevertheless, the European Arrest Warrant is the “success story” of EU judicial cooperation in criminal matters. Joint Investigation Teams, on the other hand, have been used much less by Member States. Additionally, the main EU legal basis has not yet been implemented in all Member States. Nonetheless, Joint Investigation Teams have demonstrated their usefulness in investigating the most serious forms of criminality. Both instruments could be used more efficiently, in particular through a stronger involvement of both Europol and Eurojust.

Външен автор

Nadja Long (Institut européen d’administration publique - IEAP, Luxembourg)

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