Summary

The article looks at the European Council’s Framework Decision of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States. This decision has been incorporated into Estonian law through the Code of Criminal Procedure that entered into force on 1 July 2004.

The Framework Decision on the European Arrest Warrant is important because it thoroughly changes the traditional extradition regulations that have been in force in Europe for almost 50 years, and in force in Estonia for almost the entire period after the reestablishment of independence. The change is particularly important because of the fact that criminals have to date easily avoided prosecution, due to, on the one hand, the opportunities for the free movement of persons in the European Union, and, on the other hand, the differences between the legal systems of the member states. The previous extradition regulations were not suitable for fighting the resultant situation. The article provides a brief overview of the main advantages of the new surrender procedure regulated by the European arrest warrant framework decision, as compared to the previously valid surrender procedure (which is still valid as regards relations with third countries) that was based primarily on the European Convention on Extradition. Attention is also drawn to one of the more serious deficiencies in the Framework Decision on the European Arrest Warrant – the deficiency in guaranteeing the protection of human rights.