'Extradition' without a granting procedure: The concept of "surrender"

On 13 June 2002 the Framework Decision on the European Arrest Warrant and Surrender Procedures between Member States of the European Union (EAW) was adopted by the Council of the European Union. The Framework Decision must be implemented by all current and future members of the European Union in their respective legal systems. This handbook offers an introduction to the EAW, its origin and its implications. It sets out the history of extradition as a legal system and compares the EAW with the old system. It includes the full text of the EAW with commentaries per paragraph. Attention is paid to procedural rules as well as to special issues, such as the principles of reciprocity and mutual trust, ne bis in idem, verdicts in absentia and the double criminality rule. The relation of EAW with other relevant legal instruments, including those concerning human rights and procedural safeguards, is also covered.

Journal/Publisher: T.M.C. Asser Press

Publication type: Book chapter

Number of pages/Page range: 39-46

Language/s (content): English

Date of publication: 03-01-05

Personal data

Full name Otto LAGODNY

Current occupation Member

University/Institution Salzburg University

Address Kapitelgasse 5- 7

Postal code 5020

Telephone 0043 662 8044 3351

Fax 0043 662 8044 140

Email otto.lagodny@sbg.ac.at