Europe’s most wanted? Recalibrating Trust in the European Arrest Warrant System. CEPS Paper Liberty and Security in Europe 55/21 March 2013

This paper assesses the uses and misuses in the application of the European Arrest Warrant (EAW) system in the European Union. It examines the main quantitative results of this extradition system achieved between 2005 and 2011 on the basis of the existing statistical knowledge on its implementation at EU official levels. The EAW has been anchored in a high level of ‘mutual trust’ between the participating states’ criminal justice regimes and authorities. This reciprocal confidence, however, has been subject to an increasing number of challenges resulting from its practical application, presenting a dual conundrum: 1. Principle of proportionality: Who are the competent judicial authorities cooperating with each other and ensuring that there are sufficient impartial controls over the necessity and proportionality of the decisions on the issuing and execution of EAWs? 2. Principle of division of powers: How can criminal justice authorities be expected to handle different criminal judicial traditions in what is supposed to constitute a ‘serious’ or ‘minor’ crime in their respective legal settings and ‘who’ is ultimately to determine (divorced from political considerations) when is it duly justified to make the EAW system operational? It is argued that the next generation of the EU’s criminal justice cooperation and the EAW need to recognise and acknowledge that the mutual trust premise upon which the European system has been built so far is no longer viable without devising new EU policy stakeholders’ structures and evaluation mechanisms. These should allow for the recalibration of mutual trust and mistrust in EU justice systems in light of the experiences of the criminal justice actors and practitioners having a stake in putting the EAW into daily effect. Such a ‘bottom-up approach’ should be backed up with the best impartial and objective evaluation, an improved system of statistical collection and an independent qualitative assessment of its implementation. This should be placed as the central axis of a renewed EAW framework which should seek to better ensure the accountability, impartial (EU-led) scrutiny and transparency of member states’ application of the EAW in light of the general principles and fundamental rights constituting the foundations of the European system of criminal justice cooperation.

The End of the Transitional Period for Police and Criminal Justice Measures Adopted before the Lisbon Treaty: Who monitors trust in the European Criminal Justice area? CEPS Liberty and Security in Europe No. 74, December 2014

This study examines the legal and political implications of the forthcoming end of the transitional period for the measures in the fields of police and judicial cooperation in criminal matters, as set out in Protocol 36 to the EU Treaties. This Protocol limits some of the most far-reaching innovations introduced by the Treaty of Lisbon over EU cooperation on Justice and Home Affairs for a period of five years after the entry into force of the Treaty of Lisbon (until 1 December 2014), and provides the UK with special ‘opt out/opt-in’ possibilities. The study focuses on the meaning of the transitional period for the wider European Criminal Justice area. The most far-reaching change emerging from the end of this transition will be the expansion of the European Commission and Luxembourg Court of Justice scrutiny powers over Member States’ implementation of EU criminal justice law. The possibility offered by Protocol 36 for the UK to opt out and opt back in to pre-Lisbon Treaty instruments poses serious challenges to a common EU area of justice by further institutionalising ‘over-flexible’ participation in criminal justice instruments. The study argues that in light of Article 82 TFEU the rights of the defence are now inextricably linked to the coherency and effective operation of the principle of mutual recognition of criminal decisions, and calls the European Parliament to request the UK to opt in EU Directives on suspects procedural rights as condition for the UK to ‘opt back in’ measures like the European Arrest Warrant.

A abolição da dupla incriminação no mandado de detenção europeu

This essay presents the European Arrest Warrant and its relationship with the principle of double criminality, which was abolished in 2002 with the new Framework Decision (FD). This instrument was essential to implement the principle of mutual recognition and strengthen the police and judicial cooperation in criminal matters in the newly created space of freedom, security and justice. It was urgent to create mechanisms to combat cross-border crime, that alone States have struggled to counter. An analysis of the FD No 2002/584/JHA is made. The execution of warrants and the non-mandatory and optional grounds of refusal are studied in detail. As it is the implementation issue. The role of mutual recognition in practice is studied as well. The procedure is to introduce the principle of double criminality, to explain the concept and its abolition, warning for the consequences derived from them, related to the principle of legality and fundamental rights. The analysis of the European Arrest Warrant in practice in Portugal and in comparison with other Member States allows the measurement of the consequences from the abolition of dual criminality and the position of States on this measure. With the abolition of double criminality, the cooperation in judicial and criminal matters departs from what was intended by the European Council of Tampere. And without cooperation, fundamental rights of citizens are unprotected, so the states have to adopt measures to remedy the "failures" of the European Law.

Il principio di proporzionalità nella disciplina del mandato d'arresto europeo

Il presente lavoro affronta un tema di particolare attualità nella applicazione del mandato d’arresto europeo. Pensate per il contrasto alle forme più gravi di criminalità, le procedure di consegna hanno trovato sempre più spesso applicazione per vicende criminose di scarsa offensività, determinando conseguenze gravi sui diritti fondamentali degli individui coinvolti e mettendo a rischio la reciproca fiducia tra gli Stati membri nello spazio di libertà, sicurezza e giustizia. Ciò ha imposto alle istituzioni europee di richiamare gli Stati membri al rispetto del principio di proporzionalità, quale principio generale del diritto europeo. Il presente studio analizza i presupposti e le modalità di applicazione di tale principio, alla luce del nuovo assetto impresso all’Unione dal Trattato di Lisbona e nella prospettiva dei diritti fondamentali. In particolare, esso si sofferma sul ruolo da attribuire, rispetto allo specifico tema, alla Carta dei diritti fondamentali dell’Unione ed all’art. 52 par. 1 in essa previsto, ove emerge la valenza costituzionale del principio di proporzionalità.

Relatório de estágio no departamento central de investigação e acção penal

The means of obtaining evidence, the amount of evidence obtained, the number of defendants related to each criminal case and the gravity of the crimes for which the magistrates of the Department are holders of penal action, define its real importance to the Rule of Law. I have deeply studied the subject of the institution of hierarchical intervention required by the assistant and the application of an opening statement by the defendant, starting from a hypothetical case, provided when the query of an investigation with the subject of the crime of active corruption, where this institution was called as a reaction to the archiving dispatch delivered by the Public Ministry. I have study about the implementation of the institution of provisional suspension of the process, specifically in the scope of fiscal criminality, analyzing the effective satisfaction of the purposes of the sentences in two slopes: general prevention and special prevention. I went for my first time to a Central Court of Criminal Instruction, where I attended the measures of inquiry and instructive debate of a process that culminated with the prosecution and pronunciation of the defendants. In addition to this criminal experience, I have deepened and consolidated the academic knowledge with the study of various criminal cases from various fields in the scope of criminality investigated by the Department. I could therefore check the basis of procedural delays, regarding to our legal system, especially in this type of crime, raising issues that I analyzed and discussed, always in a critical and academic way. I had the opportunity to attend and witness a seminar in the Lisbon Directorate of Finance as well of entering the Centre for Judicial Studies to attend a conference on the International Anti-Corruption Day. Focus on the investigatory importance of the international judicial cooperation, through the various organs, with special interest to EUROJUST. I comprehended the organization and functioning of these communitarian organs and means of communication of procedural acts, in particular, the rogatory letters and european arrest warrants. This involvement is motivated by the moratorium factor of the investigations where rogatory letters are necessary for the acquisition of evidence or information relevant to the good continuation of the process. For this reason the judicial cooperation through the relevant communitarian organs, translates a streamlined response between the competent judicial authorities of the Member States, through the National Member that integrates EUROJUST. This report aims to highlight some of the difficulties and procedural issues that Public Prosecutors of DCIAP and criminal police bodies that assist them, face in combating violent and organized crime, of national and transnational nature, of particular complexity, according to the specifics of criminal types.

Un nouvel acteur dans la résolution des conflits : le Procureur de la Cour pénale internationale

Le mémoire vise à déterminer quelle contribution la justice internationale peut apporter à la résolution des conflits et au maintien de la paix et plus précisément si les pouvoirs octroyés au Procureur de la Cour pénale internationale, dans le cadre du Statut de Rome, lui donnent la capacité d’influencer les conflits en cours. Le premier chapitre décrit l’historique des événements ayant mené à l’adoption du Statut de Rome en 1998 et permet d’expliquer l’évolution de la notion d’une justice post-conflictuelle à une justice pouvant favoriser la paix. Le débat théorique paix-justice est ensuite analysé afin de démontrer que le Procureur de la Cour pénale internationale peut exercer une certaine influence sur les conflits lorsqu’il possède un pouvoir discrétionnaire important. Le second chapitre examine les prérogatives octroyées au Procureur dans le cadre du statut de Rome et comment elles s’appliquent durant les différentes étapes de procédure menant à la délivrance d’un mandat d’arrêt. Il est démontré que le pouvoir discrétionnaire du Procureur est limité par le régime de complémentarité et par des enjeux de coopération avec les États Parties. Par conséquent, cela nuit à sa capacité d’influencer la résolution des conflits. Le troisième chapitre analyse deux situations en cours à la Cour pénale internationale, soit celle de l’Ouganda et celle du Darfour, afin de vérifier si le Procureur a réellement un impact sur les conflits en cours. Il est avancé que dans le cadre actuel du Statut de Rome, le Procureur est dépendant de la coopération des États Parties pour influencer la résolution des conflits.

Bogusław Śliwa (1944-1989) - działacz opozycji demokratycznej i "Solidarności" w Kaliszu

Bogusław Śliwa was born in Lvov on 6 October 1944. He graduated in law studies at Adam Mickiewicz University in Poznań in 1969. Following the completion of his prosecutor’s apprenticeship he worked, among others, in Wolsztyn, Świebodzin and – from 1975 – in Kalisz. On 22 August 1978 Śliwa was fired from the public prosecutor’s office because he had attempted to detect a person who murdered during the robbery committed by a Civic Militia officer. That time he established and maintained close contacts with activists of the Workers’ Defence Committee (KOR), among others: Jacek Kuroń, Mirosław Chojecki, Adam Michnik, Bronisław Geremek, Jan Lityński, Zofia Romaszewska and Zbigniew Romaszewski. In 1978 he began to cooperate with the Kalisz group of the Movement for the Defence of Human and Civil Rights (ROPCiO). In the early 1979 this group started to publish “Wolne Słowo” in which Śliwa was a co-editor. On 28 June 1979 in Poznań he was involved in founding the Social Self-Defence Club of the Wielkopolska and Kujawy Region. In September 1980, during strikes at the FWR “Runotex” and KZKS “Winiary” in Kalisz Śliwa was an expert representing the workers. On 29 September of that year, he arranged in Kalisz a meeting of representatives and delegates of enterprises in Kalisz aimed at appointing the Board of the Inter-Enterprise Founding Committee of the Independent Self-Governing Trade Union. He became the secretary. Bogusław Śliwa also engaged in setting up and developing an information team. He was informally responsible for developing an information and printing base. Bogusław Śliwa set up “NSZZ Solidarność” magazine where he published his own articles. He also founded the “Solidarność” Workers’ Community Centre in Kalisz. it is noteworthy that it was the only community centre in Poland established by „Solidarność”. In December the Nationwide Liaison Commission of „Solidarność” appointed him to the Committee for the Defence of Prisoners of Conscience established on 10 December of that year. He participated in the information meeting of the Independent Self-Governing Trade Union of Independent Farmers “Solidarność Wiejska” held in Staw, in Szczytniki commune. During that meeting “Solidarność Wiejska” led by Mieczysław Walczykiewicz requested the authorities to liquidate the “Świt” Agricultural Production Cooperative in Cieszyków, in Szczytniki commune. Bogusław Śliwa was involved in this successful event. It was the first liquidation of cooperative in Poland. On 11 January 1981 Śliwa co-organized the 1st Regional Convention of „Solidarność” Wiejska in Kalisz. Following the so-called Bydgoszcz events of 19 March 1981 he advocated the general strike. Due to his attitude, Śliwa was listed as one of 146 „Solidarność” activists executed by the 3rd “A” Department of the Ministry of Internal Affairs. According to the authorities those activists presented radical views. On 30 June 1981 at the 1st General Delegates Convention of the Kaliskie province, Śliwa, as a delegate of the Kaliskie province, was appointed to the Regional Board of „Solidarność” – Southern Wielkopolska. In July Śliwa set up in Kalisz the underground branch of the Polish Democratic Party. In 1981 Śliwa was a delegate to the 1st National Delegates Convention of „Solidarność” and co-edited with Jan Lityński the document entitled: “Message to the Working People of Eastern Europe” originated by Henryk Siciński and adopted by the 1st National Delegates Convention. On 22 November he participated in the Warsaw-held meeting founding the Self-Governing Republic Clubs “Liberty – Equality– Independence” and signed the founding declaration. On 28 of that month he co-organized with Antoni Pietkiewicz a founding meeting of the Club in Kalisz. When martial law was declared he began to hide in Kalisz. Śliwa was arrested on 25 February 1982 and interned in Ostrów Wielkopolski and then in Gębarzew and Kwidzyn. After being released on 25 November 1982, he was immediately involved in the activity of the underground movement of „Solidarność”. He edited the first two issues of “Nasza Solidarność” magazine published in Kalisz. Śliwa co-invented and co-organized the 1st May march that was independent from the authorities’ one held in Kalisz in 1983. Consequently, he was temporarily arrested and detained in Ostrów Wielkopolski. On 7 June 1983 he was released from custody. The amnesty declared on 21 July 1983 caused that the investigation against him was discontinued. In July of the same year he co-founded the Inter-Regional Coordination Commission of the Independent Self-Governing Trade Union “Solidarność” Kalisz-Konin-Sieradz. As he could not find any work and he and his family were exposed to psychological harassment, he emigrated to Sweden on 30 December 1983. He worked, among other positions, as bookbinder. He was the board secretary of the Congress of Poles in Sweden. In 1984 he commented the death of priest Jerzy Popiełuszko in “Dagens Nyheter” daily. He was also interviewed by Radio Liberty. Śliwa commenced cooperating with representatives of the „Solidarność” Coordination Office in Paris, Brussels and Stockholm. On 18 April 1985 the Military Garrison Prosecutor’s Office in Wrocław initiated investigations against Śliwa, charging him with activities detrimental to political interests of the People’s Republic of Poland. Subsequently, on 10 July 1985 this public prosecutor’s office decided to issue an arrest warrant for him. On the same day the public prosecutor suspended criminal proceedings against him. In December 1985, after the courageous escape of two brothers, Adam and Krzysztof Zieliński, from Poland to Sweden, he helped them prevent their deportation and stay in their new homeland. He expressed his opinion on this issue on Swedish television and in “ Dagens Nyheter” daily. His intervention helped them legally stay in Sweden. In 1989 he arrived in Poland. During this short visit he met and talked with his colleagues from the so-called first „Solidarność”. Bogusław Śliwa died in Stockholm on 23 November 1989. He was buried there on 7 December 1989. On 18 October 2006 he was posthumously honoured by Lech Kaczynski, President of Poland, with the Order of Polonis Restitution. On 15 June 2007 Bogusław Śliwa was posthumously granted the title of an Honorary Citizen of Kalisz by the Town Council of Kalisz.

Invasive coronary treatment strategies for out-of-hospital cardiac arrest: a consensus statement from the European association for percutaneous cardiovascular interventions (EAPCI)/stent for life (SFL) groups

Due to significant improvement in the pre-hospital treatment of patients with out-of-hospital cardiac arrest (OHCA), an increasing number of initially resuscitated patients are being admitted to hospitals. Because of the limited data available and lack of clear guideline recommendations, experts from the EAPCI and "Stent for Life" (SFL) groups reviewed existing literature and provided practical guidelines on selection of patients for immediate coronary angiography (CAG), PCI strategy, concomitant antiplatelet/anticoagulation treatment, haemodynamic support and use of therapeutic hypothermia. Conscious survivors of OHCA with suspected acute coronary syndrome (ACS) should be treated according to recommendations for ST-segment elevation myocardial infarction (STEMI) and high-risk non-ST-segment elevation -ACS (NSTE-ACS) without OHCA and should undergo immediate (if STEMI) or rapid (less than two hours if NSTE-ACS) coronary invasive strategy. Comatose survivors of OHCA with ECG criteria for STEMI on the post-resuscitation ECG should be admitted directly to the catheterisation laboratory. For patients without STEMI ECG criteria, a short "emergency department or intensive care unit stop" is advised to exclude non-coronary causes. In the absence of an obvious non-coronary cause, CAG should be performed as soon as possible (less than two hours), in particular in haemodynamically unstable patients. Immediate PCI should be mainly directed towards the culprit lesion if identified. Interventional cardiologists should become an essential part of the "survival chain" for patients with OHCA. There is a need to centralise the care of patients with OHCA to experienced centres.

Sudden cardiac arrest in sports - need for uniform registration: A Position Paper from the Sport Cardiology Section of the European Association for Cardiovascular Prevention and Rehabilitation

There are large variations in the incidence, registration methods and reported causes of sudden cardiac arrest/sudden cardiac death (SCA/SCD) in competitive and recreational athletes. A crucial question is to which degree these variations are genuine or partly due to methodological incongruities. This paper discusses the uncertainties about available data and provides comprehensive suggestions for standard definitions and a guide for uniform registration parameters of SCA/SCD. The parameters include a definition of what constitutes an 'athlete', incidence calculations, enrolment of cases, the importance of gender, ethnicity and age of the athlete, as well as the type and level of sporting activity. A precise instruction for autopsy practice in the case of a SCD of athletes is given, including the role of molecular samples and evaluation of possible doping. Rational decisions about cardiac preparticipation screening and cardiac safety at sport facilities requires increased data quality concerning incidence, aetiology and management of SCA/SCD in sports. Uniform standard registration of SCA/SCD in athletes and leisure sportsmen would be a first step towards this goal.

[ Warrant for the arrest of Samuel Gray for debt], 1769

A warrant for the arrest and sale of all assets of Gray who was found to owe another merchant Alexander Hill in a recent trial. Also includes appraisal of property by Fairfield and Salter and statement by Sheriff Cudworth.