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Journal Article
PRIMJENA EUROPSKOG UHIDBENOG NALOGA U REPUBLICI HRVATSKOJ - OCEKIVANJA I STVARNOST
2013
Overview
The European arrest warrant is defined as a judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting criminal prosecution or executing a custodial sentence or detention order. This warrant replaced the extradition procedure between Member States, by means of surrendering the wanted persons between judicial authorities based on the principle of mutual recognition. The amendments to the Constitution of the Republic of Croatia (Official Gazette no. 76/2010) created the constitutional grounds for the adoption of the Act on Judicial Cooperation in Criminal Matters with the Members States of the European Union (Official Gazette no. 91/10, 81/13, 124/13), by which the Croatian legislation transposed the Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States. The coming into force of this Act on 1 July 2013 placed national judicial bodies, and in particular the State Attorney Office, which assumed an active role in judicial cooperation cases, in a situation where they have to manage new forms of ju- dicial cooperation based on the principles of mutual recognition, efficiency and the principle of mutual trust. With a view to facilitating the application of European arrest warrants by practitioners, the authors analyse in this paper this particular form of judicial cooperation by using the compar- ative and historical method, as well as the case law of the European Court of Justice and of the Supreme Court of the Republic of Croatia.
