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COUNTER-TERRORISM LAW: In its recent judgment in Case C-396/11 Radu the CJEU stressed that 'Framework Decision 2002/584 [Europ - Essay Example

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Establishing Mutual Trust in the Application of the European Arrest Warrant Institution Date Establishing Mutual Trust in the Application of the European Arrest Warrant With the creation of an Area of Freedom, Security and Justice (AFSJ), the Framework Decision (FD) on the European Arrest Warrant (EAW) indicated growing endeavor by EU Member States (MS) to establish closer cooperation across the territory…
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COUNTER-TERRORISM LAW: In its recent judgment in Case C-396/11 Radu the CJEU stressed that Framework Decision 2002/584 [Europ
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Download file to see previous pages The current paper discusses whether the application of the EAW has been successful in establishing mutual trust between Member States in cross border cases involving serious crimes, including acts of terrorism. An important aspect of criminal law in the European Union is the principle of mutual recognition, a principle that has been given effect in the Treaties by Articles 82 (1). Mutual recognition assumes that EU Member States meet undefined standards of human rights as set out in the European Convention for the Protection of Human rights and Fundamental Rights (ECHR).1 It is therefore, expected that human rights violations will and should not occur within Member States of the EU. However, at recent developments, this assumption seems to have opened heated debates and to a certain extent, triggered legal interpretations in light of the growing discontent about mutual trust. The application of mutual recognition has been problematic for Member States with regard to the European Arrest Warrant. ...
ble criminality for various offenses, especially where the state is legally obligated to surrender a requested individual in circumstances where the executing state does not have relevant legal provisions.3 However, the consensus is that the EAW has prompted more challenges than any other law in the EU provoking concerns about insufficiency of guarantees for fair trial, the issue of double criminality and the basis for state punishment.4 It is important to examine the principle of proportionality and the principle of division of powers in an attempt to determine whether the application of the EAW has been successful in establishing Member States trust, particularly on cross border cases. The principle of proportionality examines the question of whether competent judicial authorities can ensure sufficient and impartial controls over proportionality of EAWs decisions through cooperation. On the other hand, the principle of division of powers examines how criminal justice authorities can be expected to handle serious crimes within their respective jurisdictions and the justification for an operational EAW system that if divorced from political influence. This is especially important considering the EAW has been facing challenges including questions about the variations in judicial traditions and heterogeneity of institutional settings across the Member States. In particular, the EAW has revealed deep-seated limitations and misinterpretations regarding the principle of separation of powers and the principles of proportionality. The divergence characteristics demonstrated by the EAW across the Member States could a source of legal failure despite growing formal compliance. With regard to International fight against terrorism, individual sanctions are one effective way of ...Download file to see next pagesRead More
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