欧洲逮捕令与被告人权

V. Terziev, Marin Petkov, Krastev Dragomir
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引用次数: 5

摘要

引渡是欧洲从一开始就致力于解决的问题之一,因此欧洲理事会于1957年制定了关于这一问题的第一个公约。欧洲逮捕令是2002年根据欧盟框架决议设立的。随着2002年6月13日关于欧洲逮捕令和成员国之间移交程序的理事会框架决定的批准,欧洲法律委员会废除了欧盟成员国之间的正式引渡,代之以移交制度。《欧盟法》从根本上改变了现有的合作安排(但欧盟成员国可继续适用欧盟成员国之间的双边或多边协定)。其目的是消除所有会员国法律制度之间的差异,当这些法律制度与欧盟最低标准形成对比时。会员国有义务将框架决定落实到国家立法中。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
European Arrest Warrant and Human Rights of the Accused
Extradition is one of the issues that Europe was committed from the outset, so the first convention about this issue was made in 1957 by the Council of Europe. The European arrest warrant was established by an EU framework decision in 2002. With the ratification of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State, EAW abolished formal extradition between EU Member States and replaced it by a system of surrender. The EAW radically changed existing arrangements of cooperation (however the EU Member States may continue to apply bilateral or multilateral agreements between EU member States). The purpose was to eliminate differences among legal systems in all Member States, when these are contrasting with EU minimum standard. Member States are obligated to implement framework decision into national legislation .
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