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The European Arrest Warrant in the Prosecution of Extraterritorial Offences: the strange case of the Irish murder, the French victim and the English suspect

Walsh, Dermot (2020) The European Arrest Warrant in the Prosecution of Extraterritorial Offences: the strange case of the Irish murder, the French victim and the English suspect. European Law Review, . ISSN 0307-5400. (Access to this publication is currently restricted. You may be able to access a copy if URLs are provided) (KAR id:76757)

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Abstract

Surprising as it may seem, the European arrest warrant (EAW) can be used by one State to take over a domestic prosecution from another State, even though the crime, the accused, the victim and all the primary evidence were located in the latter State and the competent authorities of that State have already decided that there is no basis for prosecution. Focusing on the remarkable facts of the Bailey case, this article critically examines how that bizarre situation is facilitated by the EAW Framework Decision and Ireland’s implementing legislation. It finds that that the punitive criminal law enforcement demands of the EU’s area of freedom, security and justice are prioritised over the due process norms, human rights standards and internal checks and balances of domestic criminal process. The result is that the EAW can be used by prosecutors to expose the accused to a punitive, hybridised, criminal procedure lacking in normative coherence and democratic legitimacy. The article concludes that there is an urgent need to rethink the mutual responsibilities of Member States in the EAW regime.

Item Type: Article
Uncontrolled keywords: European Arrest Warrant, International law, European Law
Subjects: K Law
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: Sian Robertson
Date Deposited: 24 Sep 2019 14:14 UTC
Last Modified: 26 May 2020 15:35 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/76757 (The current URI for this page, for reference purposes)
Walsh, Dermot: https://orcid.org/0000-0001-6652-4585
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