Stay updated on our activities
Law
The European Arrest Warrant – An Essential Update for Practitioners
The course maps out the distinct challenges the application of the European Arrest Warrant is confronted with today, focusing on procedural safeguards, detention conditions and judicial independence, complemented with an e-learning module on the key concepts of the EAW.
The European Arrest Warrant (EAW) is the seminal instrument in the field of EU judicial cooperation in criminal matters. It is widely used and has proved to be an efficient tool in accelerating the execution of warrants and surrender procedures in cross-border criminal cases within the EU. At the same time, the EAW still poses a number of issues – mostly related to fundamental rights protection – that Member States find difficult to accommodate in their respective legal systems and especially towards their obligation to respect fundamental rights. It is in this context that the course will map out the operational success of the EAW and discuss the fundamental rights concerns, in particular regarding detention conditions and fair trials rights, pertinent to the application of the EAW.
The objective of the course is to make legal practitioners aware of the current challenges that not only affect the daily administration of surrender procedures, but erode the basic premise of cooperation based on mutual trust and mutual recognition. Participants will understand:
- what steps to take if concerns over detention conditions arise in the course of administering an EAW;
- how to deal with an issuing authority if its judicial nature is in doubt or its independence is questionable;
- how to accommodate EAWs with a view to requests from third countries, parallel and previous procedures.
The course is especially interesting for legal practitioners working in the field of criminal law, dealing with cross-border criminal cases, but is also of relevance to those having a particular interest in the EU Area of Freedom Security and Justice, based on the principles of mutual recognition and mutual trust.
The course is based on short presentations complemented with practice-oriented discussions led by experts who have an in-depth understanding of the EAW. Departing from the very rich case law of the Court of Justice of the European Union, the course will focus on practical issues arising in the daily administration of the EAW.
What will you learn:
Participants will acquire a sound understanding of:
- the latest issues in relation to the issuing and CJEU, and why detention conditions are decisive to the sound execution of an EAW;
- what is the room for manoeuvre to refuse the execution of an EAW in case of systemic deficiencies in the issuing EU MS;
- how the intra-EU EAW system affects extradition requests from non-EU states.
Participants will have a nuanced understanding of the practical application of the EAW, fundamental rights issues directly affecting the execution of an EAW, and the recent case law of the CJEU related to the EAW. After attending the course, participants will have a clear understanding of the complex environment that surrounds the application of the EAW today.
The course provides:
- first-hand information about the practical application of the EAW;
- a detailed picture about the fundamental rights issues that surround the issuing and execution of the EAWs;
- an overview of the growing case law of the Court of Justice of the European Union related to the EAW.
The course will materially contribute to the understanding on how the EAW operates, and raise awareness about the fundamental rights issues closely related to this instrument.
Participants will gain access to the EIPA learning management system and benefit from the learning paths to acquaint themselves with the key concepts relevant to the European Arrest Warrant. In this way, participants will benefit from guided learning before the course which will complement the face-to-face presentations and discussions offered throughout the course. Our experts will stay in touch with the participants through the course online forum after the course.
Who will benefit the most?
The course is targeted to legal professionals, judges, prosecutors, defence lawyers and all professionals working within the realms of criminal justice.
Course venue
European Centre for Judges and Lawyers – EIPA Luxembourg
8 rue Nicolas Adames
1114 Luxembourg
Programme Organiser
Ms Stéphanie Gemnig Comodi
Tel: +352 426 230 301
s.gemnig@eipa.eu
Fee
The fee includes documentation and refreshments. Lunches, a reception or dinner are included if mentioned in the programme. Accommodation and travel costs are at the expense of the participants or their administration.
EIPA member fee
EIPA offers a discount to all civil servants working for one of EIPA’s supporting countries, and civil servants working for an EU institution, body or agency.
Who are the supporting countries?
Civil servants coming from the following EIPA supporting countries are entitled to get the reduced fee: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Spain, Sweden.
For all other participants, the regular fee applies.
Early bird discount
The early bird discount is not cumulative with other discounts or promo codes, except for the EIPA member fee.
Meals
Special dietary requirements (e.g. vegetarian, diabetic) can be indicated once you receive the confirmation of the seminar.
Download the brochure
I have a question
Our experts
Programme
| 08.45 | Registration of participants |
| 09.00 | Welcome and introduction to the course |
| 09.15 | Admissibility of a request for a preliminary ruling by an issuing judicial authority C-268/17, AY, Case C-649-19, Spetsializirana prokuratura (Déclaration des droits) Short presentation followed by a panel discussion Petra Jeney, Senior Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers Catherine Warin, Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers |
| 10.15 | Coffee break |
| 10.45 | Content and validity of the EAW: requirements as to the lawfulness of the EAW – focusing on the underlying national warrant C-414/20 PPU, MM, Case C-648/20 PPU, PI, Short presentation followed by a panel discussion Petra Jeney, Senior Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers Catherine Warin, Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers |
| 11.45 | Coffee break |
| 12.00 | Content and validity of the EAW: requirements as to the lawfulness of the EAW – focusing on the issuing judicial authority Joined Cases C-508/18, OG, and C-82/19 PPU, PI, C-509/18, PF, C-489/19 PPU, NJ, Joined Cases C-566/19 PPU, JR, and C-626/19 PPU, YC, Case C-625/19 PPU, XD, C-627/19 PPU, ZB, Case C-510/19, Openbaar Ministerie (Faux en écritures), Joined Cases C-354/20 PPU and C-412/20 PPU, Openbaar Ministerie (Indépendance de l’autorité judiciaire d’émission) Short presentation followed by a panel discussion Petra Jeney, Senior Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers Catherine Warin, Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers |
| 13.00 | Lunch |
| 14.00 | 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 C-416/20 PPU, Generalstaatsanwaltschaft Hamburg)Short presentation followed by a panel discussion Petra Jeney, Senior Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers Catherine Warin, Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers |
| 15.00 | Coffee break |
| 16.00 | Case study |
| 17.00 | End of the first day |
| 09.00 | 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 Căldăraru, C-220/18 PPU ML and C-128/18 Dorobantu cases, and prison conditions in the issuing MS affecting the EAW surrender procedureShort presentation followed by a panel discussion Petra Jeney, Senior Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers Catherine Warin, Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers |
| 10.00 | Coffee break |
| 10.30 | Intersections of fundamental rights and the EAW, with special reference to fair trial Discussion of national judicial practices after the C-216/18 PPU LM and C-354/20 PPU and C-412/20 PPU L and P cases, independence of the issuing judicial authority affecting the EAW surrender procedureShort presentation followed by a panel discussion Petra Jeney, Senior Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers Catherine Warin, Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers |
| 11.30 | Coffee break |
| 12.00 | Execution of a custodial sentence where the requested person is staying, is a national or a resident of the executing MS Discussion of national practices in relation to Article 4 (3) EAW refusal to execute an EAW if it has been issued for the purposes of the execution of a custodial sentence or detention order where the requested person is staying in, or is a national or a resident of, the executing Member State and that state undertakes to execute the sentence or detention order in accordance with its domestic law.C-579/15, Popławski, Judgement of 29 June 2017 (Popławski I); case C-514/17, Sut. C-573/17, Popławski, Judgement of 24 June 2019 (Popławski II).Short presentation followed by a panel discussion Petra Jeney, Senior Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers Catherine Warin, Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers |
| 13.00 | Lunch |
| 14.00 | Extradition requests from third countries and the EAW Discussion of the consequences of the C 182/15 Petruhhin judgement with a view to the Case C-191/16, Pisciotti, Case C-897/19 PPU, Ruska Federacija, Case C-398/19, Generalstaatsanwaltschaft Berlin (Extradition vers lˈUkraine) Short presentation followed by a panel discussion |
| 15.00 | Coffee break |
| 15.15 | Experiences regarding the urgent preliminary reference procedure Panel discussion Petra Jeney, Senior Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers Catherine Warin, Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers |
| 17.00 | Evaluation and the end of the course |