Mutual recognition of judicial decisions in European criminal law 4.4 Direct Communication Between National Authorities of the Member States 4.4.1 General Overview 4.4.2 Enactment in the Mutual Recognition Legislative Instruments 4.5 Partial Removal of the Double Criminality Requirement 4.5.1 General Overview 4.5.2 Enactment in the Mutual Recognition Legislative Instruments 4.6 Removal of the Rule of Reciprocity 4.7 The Rule of Speciality 4.8 Conforming Interpretation of National Laws on Mutual Recognition with European Union Law 4.8.1 General Overview 4.8.2 Enactment in the Mutual Recognition Legislative Instruments 4.9 Concluding Observations References Part II: Mutual Recognition Measures Chapter 5: European Arrest Warrant (Surrender Procedure) 5.1 Introduction 5.1.1 First Introduction of the European Arrest Warrant in the Corpus Juris Project and Its Failure 5.1.2 Tampere European Council: Replacement of Extradition Procedure in the European Union 5.1.3 9 11 Plane Attacks in the United States of America 5.1.4 Negotiating and Adopting the Legislation on the European Arrest Warrant 5.2 Legal Basis: The Framework Decision 2002 584 JHA on the European Arrest Warrant 5.2.1 Objective 5.2.2 Related Legislation 5.2.3 Framework Decision Compatibility: The Court of Justice of the European Union Case of Advocaten voor de Wereld 5.2.4 Constitutional Pressures 5.2.4.1 Poland: Revision of the Constitution 5.2.4.2 Germany: `Double Implementation´ of the Framework Decision 2002 584 JHA on the European Arrest Warrant 5.2.4.3 Czech Republic: `EU Friendly´ Interpretation of the Constitution 5.2.4.4 Cyprus: Revision of the Constitution 5.2.5 Framework Decision Amendment 5.3 Definition Scope of Application of Application 5.3.1 Definition and Main Features 5.3.2 European Arrest Warrant and Fundamental Rights 5.4 Procedures 2.5.15 Mutual Recognition of Confiscation Orders (2006): The Fourth Mutual Recognition Measure in Criminal Matters 2.5.16 Mutual Recognition of Custodial Sentences and Measures Involving Deprivation of Liberty (2008): The Fifth Mutual Recogn... 2.5.17 Mutual Recognition of Probation Measures and Alternative Sanctions (2008): The Sixth Mutual Recognition Legislative Mea... 2.5.18 European Evidence Warrant (2008): The Seventh Mutual Recognition Measure in Criminal Matters 2.5.19 European Supervision Order in Pre trial Procedures (2009): The Eight Mutual Recognition Measure in Criminal Matters 2.5.20 Amendment of Several Measures (2009) 2.5.21 Mutual Recognition in Criminal Matters as a General Objective (2009 Present): The Treaty on European Union and the Trea... 2.5.22 Stockholm Programme (2009): Confirmation of the Mutual Recognition and Mutual Trust and Their Strengthening 2.5.23 European Protection Order (2011): The Ninth Mutual Recognition Measure in Criminal Matters 2.5.24 European Investigation Order (2014): The Tenth Mutual Recognition Measure in Criminal Matters 2.6 Concluding Observations References Chapter 3: Methodology 3.1 Problem Description 3.2 Review of Research Literary Sources 3.3 Objectives 3.4 Hypothesis 3.5 Research Methods 3.6 Data Gathering Methods 3.7 Possible Problems 3.8 Preliminary Work 3.9 Structure Chapter 4: Principles of Mutual Recognition Measures 4.1 Introduction 4.2 Mutual Recognition of Judicial Decisions 4.2.1 A Brief Overview 4.2.2 Enactment in the Mutual Recognition Legislative Instruments 4.3 Mutual Trust Between Member States of the European Union 4.3.1 General Overview 4.3.2 Enactment in the Mutual Recognition Legislative Instruments 4.3.3 Enactment in the Other Legislative Instruments 4.3.4 Challenging the Mutual Trust 2.4.1 Third Pillar of the European Union 2.4.2 Area of Freedom Security and Justice in the European Union 2.5 Evolution of the Mutual Recognition in Criminal Matters in the European Union: Concrete Steps 2.5.1 Cardiff European Council (1998): Introducing the Mutual Recognition in Criminal Matters 2.5.2 Vienna Action Plan (1998): Facilitating the Mutual Recognition in Criminal Matters 2.5.3 Tampere European Council (1999): Mutual Recognition as the Cornerstone of Judicial Co operation in Criminal Matters 2.5.4 Communication of the European Commission on Mutual Recognition of Final Decisions in Criminal Matters (2000): Introducin... 2.5.5 Programme of Measures to Implement the Principle of Mutual Recognition of Decisions in Criminal Matters (2001): Introduc... 2.5.6 European Arrest Warrant (2002): The First Mutual Recognition Measure in Criminal Matters 2.5.7 Mutual Recognition of Disqualifications Arising from a Criminal Proceedings (2002): Unsuccessful Idea 2.5.8 Acceptance of the Mutual Recognition in Criminal Matters as an Obligation and Acceptance of the Mutual Trust as its Prec... 2.5.9 Order Freezing Property or Evidence (2003): The Second Mutual Recognition Measure in Criminal Matters 2.5.10 Green Paper on Mutual Recognition in Criminal Matters (2004): An Incomplete Range of Mutual Recognition Instruments 2.5.11 `Unsuccessful´ Treaty Establishing a Constitution for Europe (2004): Mutual Recognition as Basis for Judicial Co operat... 2.5.12 `Unsuccessful´ Mutual Recognition of Prohibitions Arising from Convictions for Sexual Offences Committed Against Childr... 2.5.13 Mutual Recognition of Financial Penalties (2005): The Third Mutual Recognition Measure in Criminal Matters 2.5.14 The Hague Programme (2005): Further Efforts to Facilitate the Mutual Recognition in Criminal Matters Preface Acknowledgments Table of Legislation Table of Case Law Contents Abbreviations Part I: Introduction to Mutual Recognition in Criminal Matters Chapter 1: Definition of Mutual Recognition in Criminal Matters 1.1 Mutual Recognition as a General Concept of the European Union 1.2 Mutual Recognition in Criminal Matters as a Part of the Judicial Co operation in the European Union 1.3 Mutual Recognition in Criminal Matters in European Union Primary Law 1.4 Mutual Recognition in Criminal Matters in European Union Secondary Law 1.4.1 Introduction 1.4.2 Framework Decisions (2002 2009) 1.4.2.1 Nature 1.4.2.2 Why Mutual Recognition in Criminal Matters Was Originally Introduced by Framework Decisions 1.4.2.3 Obligation to Interpret National Legislation in Conformity with Framework Decisions: The Court of Justice of the Europ... 1.4.2.4 Compatibility of Framework Decisions: The Court of Justice of the European Union Case of Advocaten voor de Wereld 1.4.3 Directives (Since 2010) 1.4.4 Concrete Mutual Recognition Legislative Instruments 1.4.5 Obligation to Implement the Mutual Recognition Legislative Instruments into National Law of the Member States of the Eur... 1.5 Scope of Mutual Recognition in Criminal Matters 1.6 Grounds for Non recognition or Non execution the Decision as Derogation of Mutual Recognition in Criminal Matters 1.7 Concluding Observations References Chapter 2: Genesis 2.1 Modern European Integration in the Area of European Union 2.2 Mutual Assistance as Predecessor of the Mutual Recognition in Criminal Matters in the European Union 2.3 Early Ideas of the Mutual Recognition in Criminal Matters: The Council of Europe Conventions 2.4 Treaty on European Union: Enhanced Co operation in Criminal Matters in the European Union 5.4.5 `Surrender´ vs. `Extradition´: A Comparison Focused on Innovations of the European Arrest Warrant 5.4.1 Principles 5.4.1.1 Mutual Recognition of Judicial Decisions 5.4.1.2 Mutual Trust Between Member States of the European Union 5.4.1.3 Direct Communication Between National Authorities of the Member States 5.4.1.4 Partial Removal of the Double Criminality Requirement 5.4.1.5 Removal of the Rule of Reciprocity 5.4.1.6 The Rule of Speciality 5.4.1.7 Execution the European Arrest Warrant in Line with the Framework Decision 2002 584 JHA on the European Arrest Warrant 5.4.2 Issuing the European Arrest Warrant 5.4.2.1 Alternatives of Issuing `Standard´ Issuing Issuing Without Verification of the Double Criminality of the Offence 5.4.2.2 Proportionality Test 5.4.2.3 Form and Content 5.4.2.4 Transmission 5.4.2.5 Language 5.4.3 Execution the European Arrest Warrant 5.4.3.1 Obligation to Execute the European Arrest Warrant 5.4.3.2 Decision on Surrender in the Event of Multiple Requests 5.4.3.3 Consent to Surrender 5.4.3.4 Time Limits 5.4.3.5 Grounds for Non execution Mandatory Non execution Optional Non execution 5.4.3.6 Pre surrender Detention 5.4.3.7 Transit of a Requested Person and Expenses 5.4.3.8 Handing Over of Property 5.4.3.9 Execution of the Retroactively Issued European Arrest Warrants 5.4.3.10 Procedural Safeguards (Guarantees and Rights) Right To Be Informed of the European Arrest Warrant and of Its Contents Right to a Letter of Rights Right To Be Assisted by a Legal Counsel Right To Be Assisted by an Interpreter Right to Translation Right to Consent to Surrender Right To Be Heard by the Executing Judicial Authority Right to Demand the Rule of Speciality Right of Appeal Against Decisions Relating to European Arrest Warrant 5.4.4 Surrender Procedure and Nordic Countries (Norway and Island)