PP953
Analítico de Periódico
BANACH-GUTIERREZ, Joanna Beata
The surrender of prosecuted persons under the EAW procedure : issues of transposition of EU criminal policy to the national level / Joanna Beata Banach-Gutierrez
New Journal of European Criminal Law, v.11 n.1 (2020), p.54-68
DIREITO PENAL COMUNITÁRIO, MANDADO DE DETENÇÃO EUROPEU, PRINCÍPIO DO RECONHECIMENTO MÚTUO, TRANSFERÊNCIA DE PESSOAS CONDENADAS
This article deals with the transposition of European Union (EU) criminal policy to national justice systems, taking, as an example, the surrender of prosecuted persons under the European Arrest Warrant (EAW) procedure. In particular, attention is focused on the question about the limits of the application of mutual recognition in the event of executing the EAW that is also linked to the increasing role of punishment, as a measure for rehabilitation and reintegration of the offender into society. The author argues that national citizenship should be treated very carefully by judicial authorities in the EU Member States which are deciding on the surrender of the prosecuted person under the EAW procedure. This care should apply whether surrender is for the purposes of criminal prosecution, the execution of custodial sentences or in the case of the transfer of sentenced persons to their State of nationality under Council Framework Decision 2008/909/JHA. With this aim, the first section explains the possible functions of punishment in contemporary penology; the second section is devoted to the Court of Justice of the EU rulings which are crucial for the further developments of EU criminal policy; and the third section refers to the Polish experience in surrendering own nationals for the purposes of prosecution in the EAW issuing Member State.