European warrant of arrest (EUHB)

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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