Framework Decision 2002/584/JHA (EAW)

Origin and significance

Council Framework Decision 2002/584/JHA of 13 June 2002 is the basis of the European Arrest Warrant (EAW). It replaced the classic inter-state extradition law between EU member states with a simplified surrender procedure based on the principle of mutual recognition of judicial decisions.

Key provisions

The Framework Decision governs: issuing requirements (a maximum sentence of at least 12 months, or a sentence imposed of 4 months), time limits (60 days until the decision, 10 days where consent is given), surrender conditions, grounds for refusal (mandatory: double jeopardy (ne bis in idem), age of criminal responsibility; optional: own nationals, statute of limitations, territoriality principle), and the rule of specialty.

Implementation in Germany

In Germany, the Framework Decision was implemented through Part Eight of the IRG (Sections 78–83j IRG). The Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) declared the first implementing act unconstitutional in 2005 (2 BvR 2236/04) — it lacked adequate safeguards for German nationals. The reformed act of 2006 has been the law in force ever since. Sections 78 ff. IRG take precedence as lex specialis over the general provisions of the IRG.

Reform process

The Framework Decision was amended in 2009 (Framework Decision 2009/299/JHA) with regard to in absentia proceedings. Discussions about a fundamental reform have been ongoing for years; to date, the EU has not taken any concrete legislative steps.

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