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Current Development of the European Arrest Warrant: Strengthening the Procedural Rights of Requested Persons

NCJ Number
244736
Journal
Internal Security Volume: 5 Issue: 1 Dated: January-June 2013 Pages: 35-52
Author(s)
Libor Klimek
Date Published
June 2013
Length
18 pages
Annotation
The European arrest warrant is operational throughout all member states of the European Union. Despite its operational success, the surrender procedure is far from perfect. In order to strengthen the rights of requested persons in the surrender procedure, new legislative measures have been adopted.
Abstract
Two legislative measures have been adopted so far, namely: a Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings, strengthening the right to interpretation and translation in the surrender procedure, and a Directive 2012/13/EU on the right to information in criminal proceedings, strengthening the right to information and introducing a Letter of Rights in EAW proceedings. In addition to that, the European Commission introduced a Proposal for a Directive on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest. As is obvious, the paper deals with strengthening the procedural rights of requested persons under the European arrest warrant in the surrender procedure. It is divided into four sections. The first section is focused on general issues while the second section is focused on the right to interpretation and translation, the third section is focused on the right to information. In addition to that, the fourth section introduces knowledge in the field of the right of access to a lawyer. (Published Abstract)

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