European Arrest Warrant and Extradition as a Substitute for Extradition to the EU

Abstract

The subject of this paper is a preliminary analysis of the legal institution of the European arrest warrant as a model for the extradition of the Member States of the European Union, established by the Framework Decision on the European warrant and the surrender procedures in 2002. In terms of methodology, the work is dominated by legal methods - comparative and normative, with respect to other methods of scientific research. In terms of systematics in the introduction, an overview of the traditional model of extradition, the emergence and development, legal sources and disadvantages. Occupies the the central part of the presentation on the EAW as an alternative model and substitute inefficient and slow extradition, in which the state concept, contents and procedure of issuing the material and procedural legal requirements. Next by experiences related to the implementation and control of the Order, the refusal of enforcement, problems and initial results in the application. The current good practices and research results indicate that the EAW is based on trust in the legal systems of the Member States and the EU as a whole, as well as respect for the principle of legality, politicization and antikriminalne solidarity. Account the idea eventual establishment of the Balkan arrest warrant, which would apply in the former Yugoslavia and in our region.