In Memoriam. To María Poza Cisneros, Senior Magistrate and Deputy National Member for Spain at Eurojust.
The European Arrest Warrant (EAW) Framework Decision (FD) 2002/584/JHA was designed to provide a speedy and efficient extradition procedure among EU Member States (MS). However, sometimes the actual surrender happens to be impossible within the legal deadlines. These cases can be of very different nature (force majeure or humanitarian reasons – including COVID-19 related cases –, deficiencies in the justice systems, prison conditions, etc.) and the practical consequences vary, sometimes bringing a significant impact for the persons subject to surrender, for the justice system in general, or even for society. Some cases can be easily solved by the mere passage of time, while others have a more complicated solution, or none at all, so legislative reforms might be the only way forward. In this post we will look into these different scenarios, analysing them from the viewpoint of the CJEU case law, and explore legal solutions to some of them, including the possible reform of the current EAW legal framework. Such reform seems necessary to create the tools to address some of the most serious situations.