Difficulties in executing European arrest warrants : selected judgments decided by the Maltese courts

Abstract

This Article seeks to identify problems in implementing and executing European Arrest Warrants (“EAWs”) in Malta. It will be shown that there are certain principles and procedural diffi culties which hamper the correct and effi cient application of instruments of mutual recognition in a domestic sphere. Problems invariably arise resulting in unnecessary delays, lengthy proceedings, non-execution on the basis of ne bis in idem not to mention legal diffi culties which could arise from adopting the proportionality criterion in application. What follows is a critique of certain issues which arise from a domestic perspective suggesting reform where necessary.