Justice and Trust:The European Arrest Warrant and Human Rights

Posted: 21 Dec 2017

See all articles by Theodora A Christou

Theodora A Christou

LSE; Queen Mary University of London; UNICAF

Date Written: 2013

Abstract

This thesis considers the relationship between human rights and the principle of mutual recognition as applied in criminal matters. It examines the impact of the European Arrest Warrant (EAW) on human rights and highlights the importance of human rights for the success of mutual recognition measures. Having embarked on the mutual recognition programme, on the basis of largely theoretical presumptions, an attempt by the EU to reposition human rights and to ensure that a genuine area of justice exists for all, can be witnessed through recent Directives on defence rights.

This research addresses the scope and method of human rights protection with focus on the implementation of the EAW. In the first part, mutual recognition and the EAW are defined. The second part considers the practical effect of the EAW on human rights, setting out the ECHR minimum standards and the extended EU scope. The third part evaluates the defence measures adopted to date by the EU under the Stockholm Roadmap.

The final part summarises the main research findings which show that human rights are key to promoting mutual trust. The scope of some rights has already been extended and reinforced by the Charter of Fundamental Rights or the EU defence rights measures.

The thesis argues that the best method for reinforcing these rights in practice is a tripartite collaborative approach between the EU, Member States and the Council of Europe. In order to address the tension between human rights and mutual recognition, work needs to continue beyond adoption of the Stockholm measures. It requires genuine commitment on the part of the EU institutions and Member States for the necessary amendments, adoptions, implementation and human rights protection to take place and be reflected in practice.

Keywords: EAW, European Arrest Warrant, Human Rights, Extradition, EU, Criminal Justice

JEL Classification: K00, K14, K49

Suggested Citation

Christou, Theodora and Christou, Theodora, Justice and Trust:The European Arrest Warrant and Human Rights (2013). Available at SSRN: https://ssrn.com/abstract=3089954

Theodora Christou (Contact Author)

LSE ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

Queen Mary University of London ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

UNICAF ( email )

52 Famagusta Avenue
Larnaca 6019
Cyprus

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