Principles of Surrender Procedure

Abstract

The chapter deals with the principles of the surrender procedure. It is divided into seven sections and is summarised with concluding observations. First, Sect. 5.1 analyses a major principle of the surrender procedure—the mutual recognition of judicial decisions in criminal matters. As the precondition for mutual recognition, Sect. 5.2 introduces mutual trust between European Union Member States. Section 5.3 deals with direct connection between judicial authorities. Section 5.4 introduces another major principle of surrender procedure—the partial removal of double criminality requirement. While Sect. 5.5 deals with the removal of the rule of reciprocity, Sect. 5.6 deals with the rule of speciality. Last, but not least, Sect. 5.7 deals with the execution the European arrest warrant in line with the Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between Member States.