The European Arrest Warrant and EU Citizenship: EU Citizenship in Relation to Foreseeability Problems in the Surrender Procedure

This book explores the relationship between EU citizenship, the European arrest warrant (EAW), and the legality principle, focusing on the role of the EAW in addressing foreseeability problems faced by EU citizens. It argues that EU citizens should be protected by a transnational framework of fundamental rights and proposes a transnational interpretation of the legality principle to ensure safety and free movement. The book also develops two EU citizenship narratives and offers recommendations for EU legislation to remedy foreseeability problems and the role of the EAW therein.

Format: Hardback
Length: 408 pages
Publication date: 10 September 2022
Publisher: Springer International Publishing AG

This comprehensive book delves into the intricate relationship between EU citizenship, the European Arrest Warrant (EAW), and the principle of legality. It specifically focuses on the role of the EAW in addressing two foreseeability challenges that EU citizens, particularly those enjoying the freedom of movement, may encounter. These challenges revolve around the foreseeability of specific national criminal laws at the time of the offense and forum decisions.

The first part of the book explores the extent to which these foreseeability problems and the role of the EAW therein are perceived as legality issues at the EU level and in three national legal orders: the Netherlands, Germany, and England and Wales. It examines the perspectives of legal scholars. scholars and policymakers on the challenges posed by these issues and the role of the EAW in addressing them.

In the second part of the book, a critical examination of the current scope and content of the legality principle is undertaken in the context of the EU's objective to provide its citizens with an Area of Freedom, Security, and Justice (AFSJ). The book argues that EU citizens should be safeguarded against foreseeability problems by a transnational framework of fundamental rights. It proposes recommendations for a transnational interpretation of the legality principle that aligns with the normative framework of the AFSJ as outlined in Article 3(2) TEU.

Drawing upon the evolution of EU citizenship over time, the book develops two EU citizenship narratives that aim to contribute to transnational fundamental rights protection and provide a solution to foreseeability problems. These narratives highlight the significance of a shared European identity and the need for a cohesive legal framework to ensure the protection of fundamental rights across borders.

To arrive at concrete solutions, the book offers recommendations for EU legislation that can effectively address foresee the foresee the foreseeability problems and the role of the EAW. It emphasizes the importance of ensuring that EU citizens are adequately protected against legal uncertainty and that the EAW is used in a manner that respects the principles of proportionality, effectiveness, and necessity.

In conclusion, this book provides a valuable contribution to the study of EU citizenship, the EAW, and the principle of legality. It offers a comprehensive analysis of the challenges posed by foreseeability problems and the role of the EAW in addressing them. By proposing a transnational interpretation of the legality principle and developing EU citizenship narratives, the book seeks to contribute to the protection of fundamental rights and the promotion of a seamless and secure Area of Freedom, Security, and Justice within the EU.

Weight: 793g
Dimension: 235 x 155 (mm)
ISBN-13: 9783031075896
Edition number: 1st ed. 2022