Op werkdagen voor 23:00 besteld, morgen in huis Gratis verzending vanaf €20
, , , , , , e.a.

European Arrest Warrant

Practice in Greece, the Netherlands and Poland

Specificaties
E-book, 378 blz. Pdf met watermerkbeveiliging | Engels
Eleven International Publishing | 1e druk, 2022
ISBN13: 9789051897319
Rubricering
Hoofdrubriek : Juridisch
Jongbloed : Europees recht
Eleven International Publishing Pdf met watermerkbeveiliging 1e druk, 2022 9789051897319
Onderdeel van serie Maastricht Law Series
Direct te downloaden

Samenvatting

What practical problems are at stake in current EAW surrender proceedings? The research project Improving Mutual Recognition of European Arrest Warrants through Common Practical Guidelines of which the three country reports for Greece, the Netherlands and Poland are now published, is a follow-up of an earlier project that led to the publication of The European Arrest Warrant and In Absentia Judgments, Maastricht Law Series No.12 InAbsentiEAW.

This project is broader than in absentia alone and looks at various other aspects of the EAW surrender procedure that are problematic in practice. It also goes more into detail as it aims to present an alternative to the outdated Handbook for the European Arrest Warrant.

This publication will be followed by a final report containing these Common Practical Guidelines. The current volume contains the country reports for Greece, the Netherlands and Poland as these countries offer a representative and interesting intersection of situations in daily practice when it comes to creating, fighting and solving problems on the EAW ImprovEAW.

About the Maastricht Law Series: Created in 2018 by Boom juridisch and Eleven International Publishing in association with the Maastricht University Faculty of Law, the Maastricht Law Series publishes books on comparative, European and International law. The series builds upon the tradition of excellence in research at the Maastricht Faculty of Law, its research centers and the Ius Commune Research School. The Maastricht Law Series is a peer reviewed book series thatallows researchers an excellent opportunity to showcase their

Specificaties

ISBN13:9789051897319
Taal:Engels
Bindwijze:e-book
Beveiliging:watermerk
Bestandsformaat:pdf
Aantal pagina's:378
Druk:1
Verschijningsdatum:29-3-2022
ISSN:
Jongbloed:Europees recht

Over André Klip

André Klip is Professor of criminal law, criminal procedure and international criminal law at Maastricht University. He is a member of the Royal Netherlands Academy of Arts and Sciences and a judge at the ’s-Hertogenbosch Court of Appeal.

Andere boeken door André Klip

Inhoudsopgave

Introduction 1
André Klip
The Practice of Greece on the European Arrest Warrant 5
Christina Peristeridou
Introduction 5

Part 1: Preliminary Matters 6
Method of conducted research 6

Part 2: Transposition of Framework Decision 2002/584/JHA 6
A General questions 6
B Your Member State as issuing Member State 22
C Your Member State as executing Member State 35
D EAW-form 42
E Language regime 42

Part 3: Problems regarding the individual sections of the EAW-form 44
A Information regarding the identity of the requested
person 44
B Decision on which the EAW is based 45
C Indications on the length of the sentence 48
D Appearance in person at the trial resulting in the decision 53
E Offences 54
F Other circumstances relevant to the case (optional information) 62
G The seizure and handing over of property 64
H Guarantees concerning life sentences 65
I Information about the issuing judicial authority and the Central Authority, signature 65

Part 4: Problems not directly related to the EAW-form 66
A Supplementary/additional information (Art. 15(2)-(3)) 66
B Time limits (Art 17) 69
C Guarantee of return (Art. 5(3)) 72
D Detention conditions/deficiencies in the judicial system 75
E Surrender to and from Iceland and Norway 83
F (Analogous) application of the Petruhhin judgment 83
G Speciality rule 85

Part 5: Conclusions, opinions et cetera 87
The practice of the Netherlands on the European Arrest Warrant 93
Vincent Glerum & Hans Kijlstra

Part 1: Preliminary matters 93

Part 2: Transposition of Framework Decision 2002/584/JHA 95
A General questions 95
B Your Member State as issuing Member State 120
C Your Member State as executing Member State 127
D EAW-form 140
E Language regime 140

Part 3: Problems regarding the individual sections of the EAW-form 142
A Information regarding the identity of the requested person 142
B Decision on which the EAW is based 143
C Indications on the length of the sentence 147
D Appearance in person at the trial resulting in the decision 152
E Offences 154
F Other circumstances relevant to the case (optional information) 167
G The seizure and handing over of property 171
H Guarantees concerning life sentences 172
I Information about the issuing judicial authority and the Central Authority, signature 174

Part 4: Problems not directly related to the EAW-form 175
A Supplementary/additional information (Art. 15(2)-(3)) 175
B Time limits (Art. 17) 177
C Guarantee of return (Art. 5(3)) 181
D Detention conditions/deficiencies in the system of justice 192
E Surrender to and from Iceland and Norway 210
Ebis. The EPPO 213
F (Analogous) application of the Petruhhin judgment 214
G Speciality rule 219

Part 5: Conclusions, opinions et cetera 226
The practice of Poland on the European Arrest Warrant 237
Małgorzata Wąsek-Wiaderek & Adrian Zbiciak

Part 1: Preliminary matters 237

Part 2: Transposition of Framework Decision 2002/584/JHA 238
A General questions 238
B Your Member State as issuing Member State 252
C Your Member State as executing Member State 264
D EAW-form 270
E Language regime 270

Part 3: Problems regarding the individual sections of the
EAW-form 271
A Information regarding the identity of the requested person 271
B Decision on which the EAW is based 272
C Indications on the length of the sentence 274
D Appearance in person at the trial resulting in the decision 279
E Offences 279
F Other circumstances relevant to the case (optional information) 285
G The seizure and handing over of property 287
H Guarantees concerning life sentences 287
I Information about the issuing judicial authority and the Central Authority, signature 287

Part 4: Problems not directly related to the EAW-form 288
A Supplementary/additional information (Art. 15(2)-(3)) 288
B Time limits (Art. 17) 291
C Guarantee of return (Art. 5(3)) 292
D Detention conditions/deficiencies in the judicial system 297
E Surrender to and from Iceland and Norway 302
F (Analogous) application of the Petruhhin judgment 303
G Speciality rule 306

Part 5: Conclusions, opinions et cetera 311
Conclusions 323
Vincent Glerum & Hans Kijlstra
1 Introduction 323
2 Transposition of FD 2002/584/JHA 323
2.1 Transposition in general 323
2.2 Incorrect transposition 324
2.3 Causes of incorrect transposition 325
3 The interplay between national legislators and national judges 326
4 Divergent practices between the three Member States 328
5 Divergent practices within the individual Member States 330
Annex – Questionnaire Improving Mutual Recognition of European Arrest Warrants through Common Practical Guidelines (ImprovEAW) 331

Part 1: Preliminary matters 332

Part 2: Transposition of Framework Decision 2002/584/JHA 332
A General questions 333
B Your Member State as issuing Member State 335
C Your Member State as executing Member State 340
D EAW-form 343
E Language regime 343

Part 3: Problems regarding the individual sections of the EAW-form 344
A Information regarding the identity of the requested person 345
B Decision on which the EAW is based 346
C Indications on the length of the sentence 349
D Appearance in person at the trial resulting in the decision 353
E Offences 353
F Other circumstances relevant to the case (optional information) 357
G The seizure and handing over of property 359
H Guarantees concerning life sentences 360
I Information about the issuing judicial authority and theCentral
Authority, signature 362

Part 4: Problems not directly related to the EAW-form 363
A Supplementary/additional information (Art. 15(2)-(3)) 363
B Time limits (Art. 17) 366
C Guarantee of return (Art. 5(3)) 367
D Detention conditions/deficiencies in the judicial system 369
E Surrender to and from Iceland and Norway 374
F (Analogous) application of the Petruhhin judgment 375
G Speciality rule 377

Part 5: Conclusions, opinions et cetera 379

About the authors 381

Net verschenen

Rubrieken

Populaire producten

    Personen

      Trefwoorden

        European Arrest Warrant