The European arrest warrant : changes and developments in the law of extradition : a comparative study

Abstract

The coming into force of the European Arrest Warrant (EAW) in 2004 has brought about a total upheaval in the way Member States of the European Union (EU) deal with extradition with other Member States. In effect, European Union Member States presently follow a two-tier system in matters of extradition. One system is based on the application of the EAW when dealing with fellow Member States while the second system is based on current though diverse practices of extradition when dealing with nations and blocs outside the EU. This thesis examines the changes and developments that the EAW has brought about in the overall scenario of extradition and the reactions that this introduction has elicited from various quarters. The debate centres around the issue of whether these developments may be considered as 'gains' or 'losses' to the whole system of extradition. This analysis is carried out through a comprehensive comparative study between the EAW and the framework and principles of current practices of extradition other than the EAW. A critical appraisal of the EAW, building on the findings of the comparative study, is then attempted. The EAW is evaluated and criticized for its positive and negative effects as well as for the contributions or otherwise it has made to the practice of extradition. Suggestions as to how the efficacy of the EAW may be improved and how perceived shortcomings may be rectified are also put forth. The last section of this thesis also includes a review of the preparations undertaken by individual Member States to implement the EAW within national legislation. Data for this implementation review is provided by the report issued by the Commission in February 2005 which analyses the progress or otherwise registered by Member States a year after the EAW officially entered into force.