About this online course

The European Arrest Warrant (EAW) is the seminal instrument in the field of EU judicial cooperation in criminal matters. It is widely used and has proved to be an efficient tool in accelerating the execution of warrants and surrender procedures in cross-border criminal cases within the EU. At the same time, the EAW still poses a number of issues – mostly related to fundamental rights protection – that Member States find difficult to accommodate in their respective legal systems and especially in respect of their obligation to respect fundamental rights. It is in this context that the seminar is offering to map out the operational success of the EAW and discuss the fundamental rights concerns, in particular to detention conditions and fair trial rights, pertinent to the application of the EAW.

To objective of the seminar is to make legal practitioners aware of the current challenges that not only affect the daily administration of surrender procedures, but erode the basic premise of cooperation based on mutual trust and mutual recognition. Participants will understand

• what steps to make if concerns over detention conditions arise in the course of administering an EAW;
• how to deal with an issuing authority if its judicial nature is in doubt or its independence is questionable;
• how to accommodate EAWs with a view to requests from third countries, and parallel and previous procedures.

The seminar is especially interesting for legal practitioners working in the field of criminal law and dealing with cross-border criminal cases, but is of relevance to all having a particular interest in the EU Area of Freedom Security and Justice based on the principles of mutual recognition and mutual trust.

The seminar is based on short presentations complemented with practice-oriented discussions led by experts who have and in-depth understanding of the EAW. Departing from the very rich case law of the Court of Justice of the European Union, the seminar will focus on practical issues arising in the daily administration of the EAW.

Participants will have a nuanced understanding of the practical application of the EAW, fundamental rights issues directly affecting the execution of an EAW, and the recent case law of the CJEU related to the EAW. By attending the seminar, participants will have a clear understanding of the complex environment that surrounds the application of the EAW today.

Course methodology/highlights

The seminar is composed of two parts. The advanced level, expert panel-based discussion aims to tackle the needs and interests of legal practitioners having a general understanding of the European surrender mechanism on a small scale, in an interactive and practice-based manner. The seminar is planned to be implemented in a face-to-face format, the pandemic situation permitting. The other component of the seminar is an e-learning module designed for those who wish to first familiarise themselves with the key concepts and regulatory aspects of the European Arrest Warrant prior to the face-to-face activity. The e-learning module will be opened for access one week prior to the face-to-face activity.

Pre-course support

Participants will be given access to the EIPA learning management system and benefit from the learning paths to acquaint themselves with the key concepts relevant to the European Arrest Warrant. In this way, participants will benefit from guided learning before the seminar, which will complement the face-to-face presentations and discussions offered throughout the seminar. Our experts will stay in touch with the participants through the course online forum, after the course.