The framework decision on the European arrest warrant was adopted unanimously by all member states in June 2002. Each member state thereby accepted certain obligations, including the requirement to take the necessary measures to comply with its provisions by 31 December 2003. It is, therefore, a matter for each member state to comply with the obligations it assumed when agreeing to the adoption of the framework decision.
Implementation of the framework decision required the enactment of national legislation in each member state. Eight member states, including Ireland, met the deadline and the European arrest warrant is now in force in relations between those member states. Draft legislation has been presented to the national parliaments in all the remaining member states and some are expected to finalise their legislation shortly. The accession states are required to apply the framework decision from their date of accession, that is, 1 May 2004. As current President of the European Union, Ireland has already convened a meeting of national experts to review the state of implementation across the EU. Further meetings are scheduled.
The framework decision contains several safeguard provisions, including the obligation set out in Article 1.3 to respect the European Convention for the Protection of Human Rights and Fundamental Freedoms, the ECHR. In addition, Recitals 12 and 13 of the framework decision provide that a member state may continue to apply its constitutional rules relating to due process, freedom of association, freedom of the press and freedom of expression in other media. Those recitals also provide that a person may not be surrendered if the warrant has been issued for reasons connected with his or her sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation or if there is a risk of the death penalty, torture or inhuman or degrading treatment.
The framework decision also contains several specific mandatory and discretionary grounds for refusal of a request to surrender, for example, if the person has not reached the age of criminal responsibility or has already been tried for the offence in question, and also provides that guarantees may be required from the requesting state, for example, about a retrial where the original was held in absentia, before a person is surrendered. Once arrested, a person has a right to a lawyer and an interpreter.
Member states are giving effect to these provisions in a manner that is consistent with their national legal systems.