Brussels, 26/02/2014 (AgenceEurope) - MEPs are expected, in Strasbourg on Thursday 27 February, to adopt the report by Sarah Ludford (ALDE, UK) calling for the incoming Commission to present, within one year, proposals for reform of the European arrest warrant (EAW).
This reform has become necessary through the weaknesses flagged up by the member states, including the United Kingdom which threatened to withdraw from the EAW system. While it has been criticised for resulting in wrongful arrests and excessive preventive detentions, the EAW remains an effective instrument, the rapporteur pointed out in Strasbourg on Wednesday 25 February. However, improvements are needed, Ludford said, improvements she hopes to win by a substantial majority. The reform she is seeking (supported by the civil liberties committee in mid-January) should include a clause on observance of fundamental rights and a “proportionality criterion” to ensure that the EAW is not used incorrectly or for minor crimes. Ludford is proposing a compulsory right of refusal for countries if there exist substantial reasons for believing that enforcement of the measure would be incompatible with the obligation of the member state of enforcement under Article 6 of the Treaty of the EU and the Charter of Fundamental Rights. To ensure proportionality, the least intrusive measure must be applied. The member states must make sure that any persons whose rights and freedoms have been infringed by an EAW-related decision have the right to effective recourse before a court. The EAW, instituted by framework decision 2002/584/JHA, replaced traditional extradition procedures. (SP)