European warrant of arrest
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. Remarkable it is here that also
own citizens must be delivered to other European Union countries. In 32 criminal
law categories, which e.g. cover fraud, Cybercrime and racingism, the
distribution takes place even if the act is after the right of the delivering
state not punishable or already barred by statute of limitations.
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 delivered
transition way.
Entstehungsgründe The implementation of the idea, one „area of the liberty,
security and the right to create “(kind 29 exp. 1 European Union) 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
judgments 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)
entry into force the 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 judgment
the unconstitutional regulations step repealed. The judgment became to 4.
May 2005 announces.
Germany The law over the European warrant of arrest, EuHbG is unconstitutional
and futile after the judgment 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 exp. 4
GG). Germany did not convert the European Union default fundamental
right-carefully, so the grounds. To the judgment 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 recapitulatory: Major item judgment of the Federal Constitutional
Court to the European warrant of arrest
Bundestag and Bundesrat locked in the meantime the legislative procedure for a
renewed edition of the EUHB. The regulations were taken over to a large extent
from the original draft, which became of the Federal Constitutional Court as
unconstitutional which criticized points revised.
The law was signed on 20 July 2006 by Federal President Horst charcoal burner
and in the federal law gazette part I No.: 36 on 25 July 2006 publish. The law
came into force on 02 August 2006 source: German Bundestag, Bundesgesetzblatt I
No.: 36 pages 1721 to 1726
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. Schünemann: 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.
F. Schorkopf (Hrsg.), the European warrant of arrest before the Federal
Constitutional Court, Tübingen 2006.
V. Farkas: “Myth information society”
P. Nalewajko: „The European warrant of arrest: current developments in Poland “,
magazine for international Strafrechtsdogmatik No. 3/2007, P. 113-118
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