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mutual recognition January 31, 2008

Posted by Bradley in : Uncategorized , trackback

European arrest warrants have run into problems in some Member States of the EU in the past (there is a useful resource on the European arrest warrant here). Yesterday the House of Lords (Lord Hope of Craighead) emphasised that the framework decision requires mutual recognition:

The question whether there is a case to answer on the conduct that is alleged in the European arrest warrant is not one that can be examined in the requested state. An inquiry into that question is contrary to the principle of mutual recognition on which the Framework Decision is founded.

There is a hint of discomfort from Baroness Hale of Richmond:

while I agree that every issuing State should do its best to comply with the requirements of the Framework Decision, it seems equally important that every requested State should approach the matter on the basis that this has been done: in other words, in a spirit of mutual trust and respect and not in a spirit of suspicion and disrespect. For better or worse, we have committed ourselves to this system and it is up to us to make it work.

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