A new version of the country-by-country overview on the position of public prosecutors in relation to the European Arrest Warrant (EAW) is now available. The updated tool covers the EU Member States, the United Kingdom and Norway. It reflects relevant judgments by the European Court of Justice and now also includes information on judicial protection and the possibility to contest a prosecutor’s decision to issue an EAW.
First published in July 2019, this practical tool was drawn up by Eurojust, the European Judicial Network and the Council to help judicial authorities act correctly in light of the ground-breaking rulings by the European Court of Justice in May 2019. At the time, the Court decided that German public prosecution offices could no longer issue European Arrest Warrants (EAW) since they were found not to have sufficient independence from the executive branch of government. Further judgments on this topic followed in October and December 2019.
The tool gives judicial authorities quick access to:
- concise information on the position of public prosecutors, who ultimately are empowered to take the decision on EAWs;
- information on whether national law affords public prosecutors a guarantee of independence from the executive branch;
- new national legislation following the Court rulings; and
- certificates in which Member States ensure compliance with the requirements set by the Court.
- Full document
- Executive summary
of the overview, available in all official languages of the EU
- Further information on the EAW