European Arrest Warrant – Mutual Trust and Mistrust Among EU Member States

Abstract

The Europeanisation process for criminal law still faces many challenges today. The first of them is the concept of state sovereignty in the matter of criminal jurisdiction. The European arrest warrant (EAW) exemplifies the successful Europeanisation of criminal legal procedure. The EAW has introduced a new principle of so - called, surrendering, to another Member State of the European Union, for criminal prosecution. Unlike extradition proceedings, the whole process of surrendering a citizen pursuant to an EAW rests solely with the courts. No review by an executive body is required, as it is presumed that, if surrendered to another Member State, the surrendered person's rights - in particular, their right to a fair trial will not be jeopardised. The EAW, with its attending surrender mechanism, is thus a signifier of mutual trust between Member States.