On Wednesday 20 January, MEPs adopted (444 votes in favour, 139 against and 106 abstentions) an own-initiative report by Spanish MEP Javier Zarzalejos (EPP) on ways of improving the European Arrest Warrant (EAW).
The subject is a sensitive one, as the EAW was at the heart of the turmoil linked to the referendum on the independence of Catalonia in 2017, and the rapporteur was accused of a “conflict of interest” (see EUROPE 12638/8) by Greens/EFA MEPs on Monday evening in plenary session.
In any case, the rapporteur supports a strict interpretation of the conditions for refusing the execution of an EAW. Member States should only be able to refuse to execute an EAW on a limited number of grounds based on “factual and objective elements”.
An amendment tabled by the Greens/EFA insisted on the possibility given to a judicial authority to refuse an EAW if there is “a real risk of violation of the fundamental right of access to an independent tribunal and, consequently, to a fair trial, or if there is a risk of the accused being subjected to degrading treatment” once the accused has been handed over to the authorities of the State that requested the extradition. However, the amendment was rejected.
Parliament has also pronounced on the double control of crime, which, according to Parliament, limits mutual recognition.
An expanded list of offences that do not require such monitoring is proposed, including environmental crimes, hate crimes or gender-based violence.
Link to the text: http://bit.ly/38YwhlR (Original version in French by Solenn Paulic)