OBSTACLES TO THE EXECUTION OF THE EUROPEAN ARREST WARRANT AND THE SURRENDER

BUHA Milijana (Pravni fakultet Univerzitet u Banjoj Luci, Banja Luka), milijana.buha@pf.unibl.org

The Framework Decision on the European Arrest Warrant introduces a new form of international criminal assistance in the European Union devoid of the traditional obstacles to extradition. The surrender procedure of wanted persons in the European Union is implemented in accordance with the principle of mutual recognition of criminal decisions. An absolute obstacle in the procedure of surrendering the requested person is a conviction judgement. A conviction judgement is one of the procedural guarantees for a convicted person according to the principle of ne bis in idem. The principle of ne bis in idem is in the function of protecting a convicted or acquitted person from retrial for the same act. The framework decision \"desecrated\" the principle of ne bis in idem because only convictions are an absolute obstacle to the surrender of the requested person, while acquittals are a relative obstacle to the surrender of the requested person. So, it is questionable whether the principle of mutual trust and recognition of court decisions will be a fundamental principle of criminal cooperation in the European Union if the final acquittal is only a relative obstacle in the procedure of surrender of the requested person.

Keywords: Keywords: surrender, ne bis in idem, obsolescence, double incrimination