The European warrant of arrest (EUHB) represents a justizielle decision, which was issued in an European Union member state and which and delivery of a looked for person aims at arrest by every other European Union member state for prosecution or for the enforcement of an imprisonment or an liberty-extracting measure of the safety device and improvement.

The advice law and of the Ministers of the Interior of the European Union member states adopted the framework resolution from 13 June 2002 over the European warrant of arrest and the delivery procedures between the member states on suggestion of the commission and after statement of the European Union parliament. 8 countries international-law reservation explanations have transition way abgebeben.

• The implementation of the idea, one "area of the liberty, security and the right to create "(kind 29 I EUV) in particular by effective fight of the organized criminality,
• Reinforcement and simplification of international co-operation in criminal actions,
• Emergence of a uniform European right area for distribution by abolishment of the formal distribution procedure.

These goals are to be achieved by a better compatibility, a stronger convergence of the legal orders of the member states and acknowledgment and enforcement of judgements and decisions in the entire union.

Differences to the past distribution right

• direct co-operation of the judicial authorities without recourse to of the diplomatic way and renouncement of the so-called grant procedure,
• shortened delivery periods,
• Application of the principle of the mutual acknowledgment of the judicial and decision out of court leads to the fact that a EUHB, which will issue in an arrangement member state in every other member state (enforcement state) is to be executed only under reservation of the refusal reasons (kind 3 of the framework resolution),
• large renouncement of the requirement of the mutual punishability,
• general obligation for the distribution of own citizens,
• Integration of auxiliary instruments and organs (how: Eurojust, European Justizielles net, SIS)

The entry into force

This new instrument of justiziellen co-operation in criminal actions should be implemented by 31 December 2003 by the Vornahme of all necessary execution measures into the juridical systems of the member states of the European Union (kind 34 exp. 1). The period to the Inkorporierung of the EUHB into the national right concerning the 10 new entry candidates ran in accordance with treaty of accession (kind 2) at the 1. May 2004 out.

Poland

In Poland the condition does not permit further the distribution of Polish citizens. The regulations, which were inserted into the code of criminal procedure for the conversion of your resolution, are unconstitutional. The Polish constitutional court arranged, the legislator has within 18 months the regulations of the code of criminal procedure condition and international law conformal to arrange. At expiration from 18 months to announcing the judgement the unconstitutional regulations step repealed. The judgement became to 4. May 2005 announces.

Germany

The law over the European warrant of arrest, EuHbG is unconstitutional and futile after the judgement of the Federal Constitutional Court from 18 July 2005. The law intervenes disproportionately in the fundamental right on distribution liberty (kind 16 GG) and the course of law warranty (kind 19 IV GG). Germany did not convert the European Union default fundamental right-carefully, so the grounds. To the judgement judges a special vote delivered 3 in each case. Complaint leader was in custody pending extradition for Spain in-sitting terror-suspicious German Syrians Mamoun Darkazanli.

see together seizing: Major item judgement of the Federal Constitutional Court to the European warrant of arrest

Literature

• D. Rohlff: European warrant of arrest. European publishing house of the sciences, Frankfurt/Main 2003.
• B. of Heintschel Heinegg/D. Rohlff: The European warrant of arrest. In: GA 2003, P. 44.
• B. European warrant of arrest and European Union draft constitution on slates level. In: Magazine for right politics 2003, P. 185.
• H. Seitz: The European warrant of arrest law. In: New magazine for criminal law 2004, P. 546.
• C. Wegner: Suggestion of the European commission for a European warrant of arrest. In: The defence counsel 2003, P. 105.

Articles in category "European warrant of arrest"

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