Judicial Cooperation in Criminal Matters

in the European Union’s Area of Freedom, Security and Justice: Recent Developments and Topical Issues 2020/2021

Seminar: The European Arrest Warrant and fundamental rights

Date: 6-7 October 2020
Location: Warsaw
Deadline: 18 August 2020

This seminar provides a hands on training on the application of the European Arrest Warrant (EAW) on an advanced level, yet at the same time, go beyond the specific instrument and examine its application in the broader context of ensuring the adequate protection of fundamental rights.

The detailed practice oriented understanding of the EAW will be then complemented with the examination of the fundamental rights issues triggered by the issuing and execution of EAWs, in particular questions related to procedural guarantees and conditions of detention (cf C-404/15 and C-659/15 PPU Aranyosi and Caldaruru and C-220/18 PPU ML).

A detailed examination will be offered of the C 182/15 Petruhhin judgment and its effect on third country extradition requests. On the basis of the judgment the interconnection between the EU Charter on Fundamental Rights and EU citizenship rights and the EAW will be discussed.

09.00 Welcome and mutual introduction
09.15 Fundamental rights and the EAW
Presentation on fundamental rights context of the EAW, EU Charter of Fundamental rights and scope of application, relevance of the ECHR
10.15 Discussion
10.30 Coffee break
11.00 Procedural guarantees in criminal proceedings and the EAW
National and European responses to enhance procedural rights context of the EAW
12.00 Discussion
12.15 Lunch
13.15 Intersections of fundamental rights and the EAW, with special reference to detention conditions
Discussion of national judicial practices after the C-404/15 and C-659/15 PPU Aranyosi and Caldaruru and C-220/18 PPU ML cases, prison conditions in the issuing MS affecting the EAW surrender procedure
14.15 Discussion
14.30 Coffee break
15.00 Debriefing on Workshop/Case Study 1
16.45 In absentia trials and the EAW
Discussion of recent CJEU case law (C-270/17 Tupikas, C-271/17 Zdziaszek and C- 571/17 Ardic)
17.45 Discussion
18.00 End of Day 1
09.00 Selected problems regarding the EAW grounds for non-recognition
Assurances, return of nationals to serve sentence after surrender for trial, life imprisonment sentences, internal criminal proceedings
10.00 Discussion
10.15 Coffee break
10.45 Debriefing on Workshop/Case Study 2
Guarantees, return of nationals to serve sentence after surrender for trial, life imprisonment sentences, internal criminal proceedings
12.00 Extradition requests from third countries and the EAW
Discussion of C 182/15 Petruhhin judgment
13.00 Discussion
13.15 Evaluation
13.30 End of Seminar

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This project is funded by
the European Union’s Justice
Programme (2014-2020)

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