The European arrest warrant

The paper portrays the new European Union extradition system, established by the Framework Decision on the European arrest warrant and the surrender procedures between Member States of 2002. In the introductory remarks, the author explains the formation and development of the traditional extradition...

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Main Author: Đurđić Vojislav
Format: Article
Language:English
Published: University of Novi Sad, Faculty of Law 2012-01-01
Series:Zbornik Radova: Pravni Fakultet u Novom Sadu
Subjects:
Online Access:http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791201021D.pdf
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spelling doaj-92ad368919d142c880b056a1a9fe37672020-11-24T23:25:36ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552012-01-01461213710.5937/zrpfns46-20100550-21791201021DThe European arrest warrantĐurđić Vojislav0Univeristy of Niš, Faculty of Law, Niš, SerbiaThe paper portrays the new European Union extradition system, established by the Framework Decision on the European arrest warrant and the surrender procedures between Member States of 2002. In the introductory remarks, the author explains the formation and development of the traditional extradition procedure, depicts relevant legal sources, and points to its flaws, which boil down to tardiness and inefficiency. The main author's standpoint is that the European arrest warrant is based on mutual trust in the member-states' legal systems, and that it depoliticizes the extradition procedure by transforming interstate cooperation into cooperation between member - states' law enforcement authorities. On these grounds, the author determines the nature of this new legal institute, that introduces radical changes into the paradigm of the classical extradition, and explains its main features as well as the scope of application. Further on, the paper explores the conditions for issuance of the European arrest warrant, which are proscribed by negative formulations - as absolute and relative obstacles for extradition. Finally, the author explains the standardized formal elements of the European arrest warrant content, which should make its application easier and more expeditious.http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791201021D.pdfinternational criminal legal aidextraditionEuropean arrest warrantdouble jeopardyne bis in idem
collection DOAJ
language English
format Article
sources DOAJ
author Đurđić Vojislav
spellingShingle Đurđić Vojislav
The European arrest warrant
Zbornik Radova: Pravni Fakultet u Novom Sadu
international criminal legal aid
extradition
European arrest warrant
double jeopardy
ne bis in idem
author_facet Đurđić Vojislav
author_sort Đurđić Vojislav
title The European arrest warrant
title_short The European arrest warrant
title_full The European arrest warrant
title_fullStr The European arrest warrant
title_full_unstemmed The European arrest warrant
title_sort european arrest warrant
publisher University of Novi Sad, Faculty of Law
series Zbornik Radova: Pravni Fakultet u Novom Sadu
issn 0550-2179
2406-1255
publishDate 2012-01-01
description The paper portrays the new European Union extradition system, established by the Framework Decision on the European arrest warrant and the surrender procedures between Member States of 2002. In the introductory remarks, the author explains the formation and development of the traditional extradition procedure, depicts relevant legal sources, and points to its flaws, which boil down to tardiness and inefficiency. The main author's standpoint is that the European arrest warrant is based on mutual trust in the member-states' legal systems, and that it depoliticizes the extradition procedure by transforming interstate cooperation into cooperation between member - states' law enforcement authorities. On these grounds, the author determines the nature of this new legal institute, that introduces radical changes into the paradigm of the classical extradition, and explains its main features as well as the scope of application. Further on, the paper explores the conditions for issuance of the European arrest warrant, which are proscribed by negative formulations - as absolute and relative obstacles for extradition. Finally, the author explains the standardized formal elements of the European arrest warrant content, which should make its application easier and more expeditious.
topic international criminal legal aid
extradition
European arrest warrant
double jeopardy
ne bis in idem
url http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791201021D.pdf
work_keys_str_mv AT đurđicvojislav theeuropeanarrestwarrant
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