Overview
- Analyzes the triangular relationship between EU citizenship, fundamental rights and the EAW
- Provides concrete recommendations for legislative actions on fundamental rights issues arising in the AFSJ
- Offers concrete recommendations for improving the EAW procedure
Access this book
Tax calculation will be finalised at checkout
Other ways to access
About this book
This book offers an in-depth analysis of the relationship between EU citizenship, the European arrest warrant (EAW), and the legality principle. It focuses on the role of the EAW in relation to two foreseeability problems with which EU citizens – especially those who exercise free movement rights – could be confronted. These problems concern the foreseeability of specific national criminal laws at the time of the offense on the one hand and forum decisions on the other. The first part of the book addresses the extent to which these foreseeability problems and the role of the EAW therein are viewed as legality problems at the EU level and in three national legal orders (the Netherlands, Germany, and England and Wales).
In turn, the second part of the book critically examines the current scope and content of the legality principle in light of the EU’s objective to offer its citizens an Area of Freedom, Security and Justice (AFSJ) in which both safety and free movement are guaranteed. As EU citizens often encounter foreseeability problems when exercising their free movement rights, it is argued that they should be protected by a transnational framework of fundamental rights. The book subsequently makes recommendations for a transnational interpretation of the legality principle, one which fits the normative context of the AFSJ as described in Article 3(2) TEU. On the basis of the evolution of EU citizenship over time, the book also develops two EU citizenship narratives and explains how they could contribute to transnational fundamental rights protection and a solution to foreseeability problems. With regard to arriving at concrete solutions, the book offers recommendations for EU legislation that could adequately remedy foreseeability problems and the role of the EAW therein.
Similar content being viewed by others
Keywords
Table of contents (13 chapters)
-
Front Matter
Authors and Affiliations
About the author
Joske Graat is Assistant Professor in European Criminal Law and Utrecht University in The Netherlands.
Bibliographic Information
Book Title: The European Arrest Warrant and EU Citizenship
Book Subtitle: EU Citizenship in Relation to Foreseeability Problems in the Surrender Procedure
Authors: Joske Graat
DOI: https://doi.org/10.1007/978-3-031-07590-2
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022
Hardcover ISBN: 978-3-031-07589-6Published: 10 September 2022
Softcover ISBN: 978-3-031-07592-6Published: 11 September 2023
eBook ISBN: 978-3-031-07590-2Published: 09 September 2022
Edition Number: 1
Number of Pages: XI, 408
Topics: European Law, European Fundamental Rights and Freedoms, Private International Law, International & Foreign Law, Comparative Law , Human Rights, European Politics