Brussels, 16/03/2006 (Agence Europe) - The report by Adeline Hazan (PES, France), adopted at the EP on Wednesday 15 March by 521 votes to 99 and 36 abstentions, denounces the difficulties in implementation of the European arrest warrant (EAW), which took effect in January 2004, and puts a recommendation to Council that respect of the principle of mutual recognition be ensured. Although implementation of EAW shows clear progress toward finding a remedy for the failings of the traditional extradition procedure, several stumbling blocks still exist, Adeline Hazan says. She points out in this respect that several Member States want to return to the principle of dual incrimination. Consequently, the Parliament recommends that Council ensure Member States do not bring back the systematic control of dual incrimination for their nationals and that they do not make it an obligation for a judge issuing an EAW to systematically verify whether it is in line with fundamental rights, given the risk of discrimination. Furthermore, some Member States are said to have carried out questionable choices of transposition, that may even run counter to the 2002 framework decision establishing the EAW. “Member States tend to return to elements of the traditional extradition system (…) despite its disadvantages”, Adeline Hazan explained. Poland and Germany, in particular, are named in this respect as, through their constitutional courts, they stated in 2005 that the framework decision was not compatible with the provisions of their constitutions. The decision of the European Court of Justice is also awaited regarding the preliminary ruling raised by Belgium in 2005 on the legality of the framework decision. Correct implementation of the EAW also comes up against difficulties often linked to the methods of transposition chosen, which could reduce the effectiveness of the EAW, MEPs say.
“Member States judiciary systems are too different from each other and some are too keen on having control of legal aid systems”, Adeline Hazan stressed. MEPs trust, moreover, that the Council will make an annual report to the Parliament on this, and carry out an objective, impartial and deeper assessment with the Commission on the difficulties encountered by law practitioners in the different Member States. They also hope that the EAW (European Arrest Warrant) will be integrated into the first pillar and not the third thanks to the “passerelle” procedure of Article 42 of the EU Treaty, in order to make measures taken in the context of the European Area of Freedom, Security and Justice fully democratic and more effective. Franco Frattini supports the idea of making the EAW a Community instrument and trusts that the Union will soon associate the EAW with the mandate for the obtention of evidence, which is still the subject of intense Council discussion (EUROPE 9137).