Wednesday, January 1, 2014
Stefano Manacorda and Costantino Grasso (Independent and Queen Mary University of London) have posted European Arrest Warrant (Oxford Bibliographies in International Law, New York: Oxford University Press) on SSRN. Here is the abstract:
The European Union has increased its influence over criminal law since the Treaty of Maastricht (1993) and, in particular, the Treaty of Amsterdam (1999), came into force. The treaties established a competency in the area of freedom, security, and justice. and Mutual recognition of judicial decisions represents the principal model of integration in criminal law employed by the European Union, completed by approximation of substantive and procedural rule (Art. 30 and 31 of the Treaty on European Union; Art. 82 to 86 of the Treaty on the Functioning of the European Union). The European Arrest Warrant (EAW) is the main instrument developed in the field of mutual recognition and in the 21st century it represents one of the most effective tools in judicial cooperation, replacing extradition among member states. No historical precedent exists for such a supranational procedural measure of criminal law. Its most innovative aspect is that it consists principally in being a judicial decision, thus taking the decision for surrendering out of the hands of politicians. This article represents an essential tool for researchers offering a broad and thorough analysis of the primary books and articles published internationally on the European Arrest Warrant.