Safeguards and Guarantees in European Arrest Warrant Procedures: Legal and Comparative Analysis

Abstract

The European Union has progressively fostered high-level cooperation among its Member States across various sectors. However, cooperation in the field of criminal justice has evolved more slowly compared to other communitized areas. As part of efforts to enhance collaboration in this domain, the European Arrest Warrant (EAW) was introduced as a legal tool for the mutual surrender of individuals between Member States, aimed at enforcing custodial sentences or detention orders. This instrument facilitates the mutual recognition of judicial decisions, thereby promoting the principle of mutual trust, which is fundamental to achieving such levels of cooperation. The Council Framework Decision 2002/584/JHA, adopted on 13 June 2002, simplifies the surrender process between Member States, while still mandating certain guarantees from the issuing state. This paper focuses on the prerequisites and safeguards that underpin EAW procedures, drawing on a qualitative analysis of the case law of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECHR). The research adopts a qualitative approach, combining doctrinal legal analysis with a comparative methodology. Through an examination of landmark cases from the European courts, the study explores judicial interpretations of EAW procedures and the associated guarantees, offering recommendations for addressing challenges in the practical application and verification of guarantees aimed at upholding fundamental human rights. A comparative analysis is also undertaken to evaluate Albania’s legal provisions on extradition against EU law standards. This approach provides insight into the compatibility of Albania’s legal framework with EU requirements, identifying potential challenges in the law approximation and transposition processes required for EU integration. The recommendations presented in this paper are intended to contribute to both EU legislation and Albania's legal framework, particularly in the context of the EU integration process.