EUROPEAN ARREST WARRANT AND HUMAN RIGHTS OF THE ACCUSED

Venelin Terziev¹, Marin Petkov², Dragomir Krastev^3
1Corresponding Member of the Russian Academy of Natural History,  Moscow, Russia, Prof.
D.Sc.(Ec.), D.Sc. (National Security), D.Sc.  (Social Activities), Ph.D., National Military University, Veliko Tarnovo, Bulgaria; University of Rousse, Rousse, Bulgaria, terziev@skmat.com
²Assoc. Professor, Ph.D., National Military University, Veliko Tarnovo, Bulgaria, marin_5kov@abv.bg
³Assoc. Professor, Ph.D., National Military University, Veliko Tarnovo, Bulgaria, drago.krastev@gmail.com

Abstract

Extradition is one of the issues that Europe was committed from the outset, so the first convention about this issue was made in 1957 by the Council of Europe. The European arrest warrant was established by an EU framework decision in 2002. With the ratification of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State, EAW abolished formal extradition between EU Member States and replaced it by a system of surrender. The EAW radically changed existing arrangements of cooperation (however the EU Member States may continue to apply bilateral or multilateral agreements between EU member States). The purpose was to eliminate differences among legal systems in all Member States, when these are contrasting with EU minimum standard. Member States are obligated to implement framework decision into national legislation.

Keywords: European arrest warrant, European Union, Human Rights, Framework Decision.