Mon, Aug. 01, 2005

Analysis of Arrest Warrant Ruling

MAG - Washington.   The European Arrest Warrant was to be implemented in German law as an EU-wide arrest and surrender warrant. The new system promised to swiftly resolve EU cross-border criminal enforcement.

It aims to bring both victim and alleged criminal to justice within a strict time frame of three months, compared to the previously lengthy extradition system.

This simplified procedure involves courts issuing a warrant, and will largely remove Ministers from the process, representing a new development in EU wide judicial co-operation.

The Federal Supreme Constitutional Court in Karlsruhe voided the German statute on the European arrest warrant and explained the rationale for its decision in the matter 2 BvR 2236 /04 in an English-language press release.

In an article published today in 21 International Enforcement Law Reporter 357 (2005), GALJ-contributor Verena Hild explains the complexity of the decision and its consequences for Germany and the EU: German Court Holds European Arrest Warrant Void, Refuses Spanish request for al Qaeda Financier.

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