Selected problems of the functioning of the European Arrest Warrant (EAW)

Abstract

A practical approach to the European Arrest Warrant makes possible a clear presentation of both the positive and negative aspects of this mechanism. Therefore, the problem of the principle of mutual recognition of judgments in the Member States, also in relation to the varying degrees of the rule of law in the European Union countries, can be indicated. Another issue is the need to discontinue the use of the European Arrest Warrant in a country which has left the European Union. In this case, the situation should be considered of individuals covered by an EAW during the process of a given country’s exit from the European Union, but also after the procedure. Worth noting is the problem of juvenile delinquents and the possibility of using the European Arrest Warrant against them. The presented issues enable making visible the benefits resulting from the introduction and validity of the European Arrest Warrant, as well as the problems that are the consequence of its use.