The reason of this work is to unify the knowledges about European arrest warrant into international judicial cooperation in criminal matters, to show the differences between process of classic extradition and extradition on the grounds of European arrest warrant and to demonstrate an implementation of the Council framework decision on European arrest warrant and the surrender procedures 2002/584/JVV into the Czech Republic legal order and some other European Union member states.The work is composed of four chapters. Chapter one describes the history of the institute of international judicial cooperation in criminal matters and the grounds of the idea of European arrest warrant.Chapter two defines the term extradition, explains its main principles and compares the process of classic extradition and extradition on the grounds of Europaen arrest warrant.In chapter three is analysed the Council framework decision 2002/584/JVV,its principles, its relation to international treaties dealing with judicial cooperation in criminal matters (especially the European convention on extradition) and the implementation of this framework decision into the Czech Republic legal order and legal orders some other European Union member states. In this chapter is also illustated the decision of the Czech Republic Constitution...

The European Arrest Warrant (EAW) is the first and most important measure in the field of European criminal law for the purpose of implementation of the principle of mutual recognition of judicial decisions. The Framework Decision which introduced it was adopted on 13 June 2002 following point 35 of the Conclusions of the Tampere European Council of 15-16 October 1999 (aiming at abolishing the formal extradition procedure among the Member States of the European Union). The Warrant is a judicial decision issued by a Member State, which requires the arrest and surrender of a person by another Member State, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order. It is issued when the person whose return is sought is accused of an offence for which the law establishes a maximum of at least one year in prison, or when the person has already been sentenced to a prison term of at least four months. The research aims at exploring the context in which the EAW was adopted, as part of the mutual recognition agenda. This will be done through an analysis of the substantive and procedural legal aspects of its implementation. Is mutual recognition correctly implemented? While some authors hail it as a giant leap towards a new system of inter-state judicial cooperation, others view it as a danger for the traditional principles of criminal law as developed in Europe in the last centuries. The thesis will look at the functioning of the EAW in the EU criminal law area and at its implications for national sovereignty as well as individual rights, with particular reference to the radical modification of the principles of classical extradition law. An evaluation of its effectiveness and its real importance will be carried out from both an international and a European law point of view.

European arrest warrant represents an innovative criminal procedure instrument at the European level that has significantly helped the Member states of the European Union to effectively prosecute cross-border crime. The aim of my diploma thesis is to describe and analyze the European arrest warrant as a legal basis of surrender procedure among the Member states of EU. The description of this institute is not the only thing to be presented to the reader, the thesis also proposes a critical view on using it. The thesis is divided into five chapters. The introductory chapter is an analysis of the traditional international judicial cooperation in criminal matters and its particular types, mainly the extradition, which is important for a consecutive explanation of surrender procedure. After a brief theoretical part, in the second chapter author focuses on the evolution and the process of the European judicial cooperation in criminal matters, starting with the opening of the external borders of the EU regarding the Schengen Agreement in 1985, mentioning the important Maastricht and Amsterdam Treaties and the last important change of the Treaties of the European Union brought by the Lisbon Treaty. Corpus Iuris, a prototype of a criminal law code of the EU, will be as well mentioned. Whereas the third...

Resumé The European Arrest Warrant The aim of my diploma thesis is to analyze the Framework Decision of 13 of June on the European Arrest Warrant and the surrender procedures between Member States (2002/584/JHA), next as "FWD", and how it has contributed to the creation of new simplified and more effective system of extradition of criminals among the Member States of the European Union. The historical development of international judicial cooperation in criminal matters and the extradition procedure will be discussed first in order to understand the need for a new solution for handling with the new forms of organised cross boarder crime in the European Union that were brought by the introduction of the principle of free movement of persons and the abolition of boarder checks after the Schengen Agreement. This will lead us to the critical analysis of fundamental principles on which the European Arrest warrant is based, its practical application by the judicial authorities in different Member States and core problematic issues that the daily practise of surrender procedure is nowadays facing. The possible solutions for such questions will be presented, not only on the state but also on the Union level. A part of my research is also devoted to the transposition of the FWD into the Czech legal order and...

<p>The European union started as an area of economic cooperation, but has developed into an area of cooperation in many legal fields. There are these days even cooperation when it comes to dealing with criminals. There is a new procedure called the European arrest warrant which goal is to make the extradition of criminals between the different member states in the European union more efficient. Sometimes when a state receives a European arrest warrant they have to extradite the person in question without doing any investigation of their own. The procedure is based on the principle of mutual recognition. This principle means that the member states should recognise the legal decisions of the other member states, as they were their own. The aim of the thesis is to see if this procedure is acceptable concerning the legal security. Will the procedure with the European arrest warrant effect the legal security for the suspects, or the rest of the citizens?</p>

The European union started as an area of economic cooperation, but has developed into an area of cooperation in many legal fields. There are these days even cooperation when it comes to dealing with criminals. There is a new procedure called the European arrest warrant which goal is to make the extradition of criminals between the different member states in the European union more efficient. Sometimes when a state receives a European arrest warrant they have to extradite the person in question without doing any investigation of their own. The procedure is based on the principle of mutual recognition. This principle means that the member states should recognise the legal decisions of the other member states, as they were their own. The aim of the thesis is to see if this procedure is acceptable concerning the legal security. Will the procedure with the European arrest warrant effect the legal security for the suspects, or the rest of the citizens?

The thesis deals with the issue of dual criminality test under the European arrest warrant. The aim of the thesis is to analyze the way of applying the dual criminality test between the Member States of the European Union while surrendering persons. It focuses on the European arrest warrants issued against Catalan politicians in relation to the Catalan referendum regarding the independence from the Kingdom of Spain and the subsequent decisions of the Belgian and German courts. The thesis is divided into seven parts. The first part introduces the dual criminality test, including the methods of interpretation or its problematic aspects. The second part summarizes the long-standing genesis of judicial cooperation in criminal matters at the European level, leading to the adoption of the European arrest warrant, which will enable a better understanding of the continuing will to apply the dual criminality test. The provisions of the European arrest warrant are discussed in the following part. The case law of the Court of Justice of the European Union concerning the dual criminality test is introduced as well. As the thesis is set in the context of the Catalan crisis, the fourth part highlights the key moments, adopted legal acts and the acts of the main protagonists of the case, which not only led to the...

Révolution dans l’ordre juridique international pénal, le mandat d’arrêt européen a été la traduction, concrète, d’un espace judiciaire européen en matière pénale. La création du mandat d’arrêt européen est né du constat d’un décalage, dont tirait profit la criminalité : alors que la liberté de circulation des biens, des services et des personnes était devenue une réalité au sein de l’Union européenne, l’effet des décisions de justice, expression de la souveraineté étatique, restait confiné aux limites frontalières nationales de chaque Etat membre. Visant à remplacer le système classique d’extradition au sein de l’Union européenne, en imposant à chaque autorité judiciaire nationale de reconnaître, moyennant un contrôle minimum, une demande de remise émanant de l’autorité judiciaire d’un autre Etat membre, le mandat d’arrêt européen est la conséquence d’une volonté de coopération efficace, visant à apporter une réponse pénale, forte, à la criminalité. L’ « euromandat » a été la première application concrète du principe de reconnaissance mutuelle des décisions de justice. Pierre angulaire de la coopération pénale européenne, ce principe repose sur le préalable nécessaire et fondamental de confiance mutuelle que doivent s’accorder, entre eux, les Etats membres, quant au fonctionnement de leur système juridique pénal interne et à la qualité des décisions rendues par leurs juridictions respectives. Théoriquement, le principe de reconnaissance mutuelle des décisions de justice implique l’existence de véritables standards communs des droits fondamentaux dans l’Union européenne, en ce sens que tous les Etats membres doivent assurer, de manière équivalente, le respect des libertés individuelles, des droits de l’homme et des garanties procédurales. Pourtant, en pratique, le mandat d’arrêt européen fait courir le risque, pour un Etat membre, de remettre une personne (y compris un national), aux autorités judiciaires d’un autre Etat membre, qui ne garantirait pas, effectivement, les droits fondamentaux, en général, et les droits de la défense, en particulier. / A Revolution in the international criminal legal order, the European arrest warrant was the concrete translation of a European judicial area for criminal issues. The European arrest warrant was created to close a loophole which benefitted criminals: while the free circulation of goods, services and people had become a reality within the European Union, the effect of legal decisions, the expression of a State’s sovereignty, remained confined to the national borders of each Member State. Aimed at replacing the classic extradition system within the European Union, by forcing each national judicial authority to recognise a request to surrender a suspect, from the judicial authority of another Member State, the European arrest warrant is the result of a desire for efficient cooperation, and is intended to send a strong message to criminals. The “Euro-warrant” was the first concrete application of the principal of mutual recognition of judicial decisions. The Cornerstone of the European criminal cooperation, this principal relies on the fundamental requirement of mutual trust between the Member States, with respect to the functioning of their internal criminal justice systems and the quality of the rulings made by their respective jurisdictions. Theoretically, the principal of mutual recognition of judicial decisions implies the existence of true common standards of fundamental rights in the European Union, in the sense that all the Member States must respect individual freedoms, human rights and procedural guarantees. However, in practice the European arrest warrant runs the risk of surrendering a person (including a national) to the judicial authorities of another Member State who do not effectively guarantee the fundamental rights in general and more specifically the right to defend oneself.

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Unstoppable development in every area of life which brings an innovative methods, implements and forms has been an inherent part of the evolution of society for a long time now. Accordingly, the field of international judicial cooperation in criminal matters with phased pressure on the integrating procedures within the framework of the European Union, with the development of international relations between the Member States, and with increased rate of criminal activity exceeding the implementation of free movement of persons within the European Union has been made to reflect introduction of new mechanisms. The main task of such mechanisms is repressing organised crime and cross-border criminal activities, and also protection of fundamental rights of individuals who are suspected of commiting an offence. One of these mechanisms is the European arrest warrant, relatively new legal instrument to which is my diploma work devoted to. This instrument of criminal law based on the principle of mutual recognitions in criminal matters represents not just a symbol of mutual confidence for the Member States reflecting in their systems of criminal justice, but also some achievement of philosophical purpose in integrating aspects or rather ambitions in the field of judicial cooperation in criminal matters. It is...