Letade efter definitionen på judicial authority som är competent to issue a EAW,
men hittade inte rätt ställe för UKs definition efter kritiken och EAW-avhoppssnacket som varit.
Hittade dock en del annat intressant att läsa om medan jag letar vidare.
Article 6 Determination of the competent judicial authorities
[från EAW Handbook nedan]
Extradition in the UK - EAW and other instruments.
http://cps.gov.uk/news/fact_sheets/extradition/
Extradition is the formal procedure for requesting the surrender of persons from one territory to another for the following purposes:
Part 1 of the Extradition Act regulates export extradition from the United Kingdom to category 1 territories. These territories are the other 27 Member States of the European Union, and also Gibraltar. This part of the Act implements the European Union Framework Decision of 13th June 2002 on the European Arrest Warrant and the surrender procedures between Member States. The framework decision has been implemented in all EU Member States by amendments to the domestic legislation of those States.
Reasons for refusing an extradition request:
Är det här topsningen kommer in med?
UK - EAW Handbook
http://register.consilium.europa.eu/...2010%20REV%201
The EAW should be used in an efficient, effective and proportionate manner as a tool for the
prevention and repression of crime, while safeguarding the human rights of suspects and convicted persons. The instrument, which is based upon the deprivation of personal liberty, is in principle designed to further the prosecution of more serious or more damaging crime which may substantially justify its use, or for purposes of enforcement of convictions.
It is only intended to be used if an arrest warrant or any other enforceable judicial decision having the same effect has been issued at national level.
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...
Furthermore,
EAW practitioners may wish to consider and seek advice on the use of alternatives to an EAW.
Taking account of the overall efficiency of criminal proceedings these alternatives could include:
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...
Article 1
Definition of the EAW and obligation to execute it
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Article 3 Grounds for mandatory non - execution of the EAW
The judicial authority of the Member State of execution (hereinafter‚executing judicial authority) shall refuse to execute the EAW in the following cases:
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Article 4 Grounds for optional non - execution of the EAW
The executing judicial authority may refuse to execute the EAW:
men hittade inte rätt ställe för UKs definition efter kritiken och EAW-avhoppssnacket som varit.
Hittade dock en del annat intressant att läsa om medan jag letar vidare.
Article 6 Determination of the competent judicial authorities
[från EAW Handbook nedan]
- The issuing judicial authority shall be the judicial authority of the issuing Member State which is competent to issue a EAW by virtue of the law of that State.
- The executing judicial authority shall be the judicial authority of the executing Member State which is competent to execute the EAW by virtue of the law of that State.
- Each Member State shall inform the General Secretariat of the Council of the competent judicial authority under its law.
Extradition in the UK - EAW and other instruments.
http://cps.gov.uk/news/fact_sheets/extradition/
Extradition is the formal procedure for requesting the surrender of persons from one territory to another for the following purposes:
- to be prosecuted
- to be sentenced for an offence for which the person has already been convicted
- to carry out of a sentence that has already been imposed.
Part 1 of the Extradition Act regulates export extradition from the United Kingdom to category 1 territories. These territories are the other 27 Member States of the European Union, and also Gibraltar. This part of the Act implements the European Union Framework Decision of 13th June 2002 on the European Arrest Warrant and the surrender procedures between Member States. The framework decision has been implemented in all EU Member States by amendments to the domestic legislation of those States.
Reasons for refusing an extradition request:
- Human rights; extradition will be refused if it would not be compatible with the person's rights under the European Convention on Human Rights within the meaning of the Human Rights Act.
- Proportionality; in relation to EAW cases where the requested person is wanted for prosecution, extradition must not take place if the judge decides that extradition would be disproportionate taking into account the seriousness of the conduct alleged to constitute the extradition offence, the likely penalty and the possibility of the foreign authorities taking less coercive measures than extradition.
- Absence of a decision to charge and try; in EAW cases involving accusation warrants, extradition is not possible where it appears to the judge that there are reasonable grounds for believing that the requesting authority has not yet taken a decision to charge and try the requested person unless the sole reason for that situation is the absence of the requested person.
Är det här topsningen kommer in med?
UK - EAW Handbook
http://register.consilium.europa.eu/...2010%20REV%201
The EAW should be used in an efficient, effective and proportionate manner as a tool for the
prevention and repression of crime, while safeguarding the human rights of suspects and convicted persons. The instrument, which is based upon the deprivation of personal liberty, is in principle designed to further the prosecution of more serious or more damaging crime which may substantially justify its use, or for purposes of enforcement of convictions.
It is only intended to be used if an arrest warrant or any other enforceable judicial decision having the same effect has been issued at national level.
...
...
Furthermore,
EAW practitioners may wish to consider and seek advice on the use of alternatives to an EAW.
Taking account of the overall efficiency of criminal proceedings these alternatives could include:
- Using less coercive instruments of mutual legal assistance where possible.
- Using videoconferencing for suspects.
...
...
Article 1
Definition of the EAW and obligation to execute it
- The EAW is a judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order.
...
...
Article 3 Grounds for mandatory non - execution of the EAW
The judicial authority of the Member State of execution (hereinafter‚executing judicial authority) shall refuse to execute the EAW in the following cases:
- if the offence on which the arrest warrant is based is covered by amnesty in the executing Member State, where that State had jurisdiction to prosecute the offence under its own criminal law;
...
...
Article 4 Grounds for optional non - execution of the EAW
The executing judicial authority may refuse to execute the EAW:
- if, in one of the cases referred to in Art. 2(4), the act on which the EAW is based does not constitute an offence under the law of the executing MS;