The European arrest warrant and human rights in the context of the Republic of Cyprus
The traditional areas of focus for the EU are those concerning the internal and external markets. Just over a decade ago this competence was extended to cover the area of freedom, security and justice (AFSJ), including fundamental rights. Th e creation of this new area will be the starting point of this paper. The drive behind this area’s development has been a principle taken from the internal market, the principle of mutual recognition. This principle is best exemplified by the Framework Decision on the European Arrest Warrant (EAWFD), which the EU has used as a blueprint for subsequent mutual recognition measures in criminal matters. The second part of this paper will set out the key features of the EAWFD, the positives and its critics’ key concerns. The implementation of the EAWFD by the Republic of Cyprus (Cyprus) will further highlight the issues which it raises, as well as Cyprus’s optimistic Europhile attitude. Human rights, or rather the absence of explicit human rights in the EAWFD has been at the centre of most critique and will form the focus of the third part of this paper, including the positioning of the relevant human rights in Cyprus and the EU’s recent endeavours to balance security and liberty.
Journal/Publisher: Cyprus Human Rights Law Review, Volume 1, Issue 1
Publication type: Article
Number of pages/Page range: 57-78
Language/s (content): English
Date of publication: 02-01-12
Personal data
Full name Theodora CHRISTOU
Current occupation Member
University/Institution Queen Mary University of London
Address Mille End Road
Postal code London E1 4NS