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Europe's Most Wanted? Recalibrating Trust in the European Arrest Warrant System

CEPS Special Report No. 76/March 2013

54 Pages Posted: 7 Jun 2013  

Sergio Carrera

Centre for European Policy Studies

Elspeth Guild

Radboud University Nijmegen - Faculty of Law; Kingsley Napley - Department of Immigration; The British Institute of International and Comparative Law; London School of Economics & Political Science (LSE)

Nicholas Hernanz

Centre for European Policy Studies (CEPS)

Date Written: March 29, 2013

Abstract

This paper assesses the uses and misuses in the application of the European Arrest Warrant (EAW) system in the EU by examining the main quantitative results of this new extradition system achieved between 2005 and 2011. It argues that the next generation of the EU’s criminal justice cooperation and the EAW need to recognise and acknowledge that the mutual trust premise upon which the European system has been built so far is no longer viable without devising new structures and evaluation mechanisms for EU policy stakeholders. These should allow for the recalibration of mutual trust and mistrust in EU justice systems in light of the experiences of the criminal justice actors and practitioners having a stake in putting the EAW into daily effect. Such a ‘bottom-up approach’ should be backed up with the best impartial and objective evaluation, an improved system of statistical collection and an independent qualitative assessment of its implementation.

Keywords: European Arrest Warrant system, EAW, EU, criminal justice cooperation, EU justice systems

Suggested Citation

Carrera, Sergio and Guild, Elspeth and Hernanz, Nicholas, Europe's Most Wanted? Recalibrating Trust in the European Arrest Warrant System (March 29, 2013). CEPS Special Report No. 76/March 2013. Available at SSRN: https://ssrn.com/abstract=2275268

Sergio Carrera (Contact Author)

Centre for European Policy Studies ( email )

1 Place du Congres
B-1000 Brussels, 1000
Belgium
+32 2 229 39 26 (Phone)

Elspeth Guild

Radboud University Nijmegen - Faculty of Law ( email )

Postbus 9049
6500 KK Nijmegen
Netherlands
024-3611357 (Phone)
024-3611423 (Fax)

Kingsley Napley - Department of Immigration ( email )

Knight's Quarter
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London EC1M 4AJ
United Kingdom
+44 (0)20 7814 1200 (Phone)
+44 (0)20 7490 2288 (Fax)

HOME PAGE: http://www.kingsleynapley.co.uk/our-people/the-partners/elspeth-guild.htm

The British Institute of International and Comparative Law ( email )

Charles Clore House
17 Russell Square
London WC1B 5JP
United Kingdom

London School of Economics & Political Science (LSE)

Houghton Street
London, WC2A 2AE
United Kingdom

Nicholas Hernanz

Centre for European Policy Studies (CEPS) ( email )

1 Place du Congres, 1000
Brussels, 1000
Belgium

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