<abstract xmlns="http://www.w3.org/1999/xhtml"><p> The European Union was aware of unwanted side-effect of the free movement of persons which has been the equally free movement criminals. With regards to Tampere European Council conclusions the traditional extradition procedures were replaced by the surrender procedure within Member States of the European Union. Th e article answers the question how the surrender procedure differs from classic extradition. It deals with the comparison of the surrender procedure and the extradition mechanism focused on innovations of the European arrest warrant. It points out at necessity of simpler and faster procedure in the EU. Further, it focuses on the comparison of the legal basis of both procedures and on procedural issues.</p></abstract>

The European Union was aware of unwanted side-effect of the free movement of persons which has been the equally free movement criminals. With regards to Tampere European Council conclusions the traditional extradition procedures were replaced by the surrender procedure within Member States of the European Union. Th e article answers the question how the surrender procedure differs from classic extradition. It deals with the comparison of the surrender procedure and the extradition mechanism focused on innovations of the European arrest warrant. It points out at necessity of simpler and faster procedure in the EU. Further, it focuses on the comparison of the legal basis of both procedures and on procedural issues.

Surrender vs. Extradition: A Comparison Focused on Innovations of European Arrest Warrant

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

The European Union was aware of unwanted side-effect of the free movement of persons which has been the equally free movement criminals. With regards to...

Surrender vs. Extradition: A Comparison Focused on Innovations of European Arrest Warrant

Published Online: Jan 24, 2018

Page range: 145 - 156

DOI: https://doi.org/10.1515/iclr-2016-0101

Keywords
Surrender procedure, Extradition, European arrest warrant, Convention vs. framework decision, Mutual recognition of judicial decisions in criminal matters in the EU, Removal of the double criminality requirement

© 2018

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Surrender vs. Extradition: A Comparison Focused on Innovations of European Arrest Warrant

Published Online: Jan 24, 2018

Page range: 145 - 156

DOI: https://doi.org/10.1515/iclr-2016-0101

KeywordsSurrender procedure, Extradition, European arrest warrant, Convention vs. framework decision, Mutual recognition of judicial decisions in criminal matters in the EU, Removal of the double criminality requirement

© 2018

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Keywords
Surrender procedure, Extradition, European arrest warrant, Convention vs. framework decision, Mutual recognition of judicial decisions in criminal matters in the EU, Removal of the double criminality requirement