History and Definition
* Cn FD on EAW and surrender procedures between MS
* intergovernmental measure under P3
* first concrete measure in the field of CL implementing MR (AFSJ)
* Def = judicial decision issued by a MS with a view to the arrest & surrender by another MS of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order (Art 1(1) FD)
Art 2 = Scope
* can be issued for acts punishable by issuing MS law by custodial sentence/detention order for min/max 12 months, or where sentence passed, for min. 4 months
* Art 2(4) = conditional surrender → other offences, condition is that e/MS has criminalised this offence (subject to double criminality (DC) in e/MS)
* Art 2(2) = 32 types of crimes, if punishable in i/MS by min/max 3years, WITHOUT DC
* exhaustive list, but can be expanded under SLP
Art 6 = Judicial Authority
* *judicial* authority of issuing/executing MS competent to issue/execute EAW based on law of that MS (CJEU clarified that is must be a *judicial* authority (JA))
Art 3 = Mandatory non-execution
* JA e/MS shall refuse to execute if
* 1) amnesty in e/MS
* 2) NBII
* 3) age of person conflicts per e/MS law
Art 4 = Optional non-execution
* JA e/MS may refuse to execute if
* 1) art 2(4) offence, n.i. tax offences, not an offence in e/MS (so no double crim)
* 2) ongoing prosecution in e/MS for same act
* 3) diversion (decision not to prosecute/halt proceedings)
* 4) statutory limitation
* 5) NBII non-MS
* 6) crime in e/MS territory or extraterritorial crimes, when e/MS does not allow their prosecution
Art 5 = Conditional Execution
* e/MS can set conditions for i/MS
* e.g. life imprisonment conditional on review after 20y or nationals/residents e/MS conditional in return to e/MS to serve sentence issued by i/MS