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EU: European Commission evaluation report on the European Arrest Warrant and surrender procedures

01 July 2007

Evaluation Report (COM 407, pdf)

The report notes that a number of member states have refused to surrender their own nationals and that in a number of countries the designated competent judicial authority is, directly or indirectly, the Ministry of Justice (a political not a judicial authority). The only statists referred to are for 2005 and the Annex to the report has not yet been published.

An issue not raised in the Commission's evaluation is the principle of proportionality, which under case law, means that in each case a comparison must be made between the seriousness of the offence and on the other hand the resources to be used and that an EAW involves depriving an individual of their liberty.

EAW issued for the "theft of a piglet": The Council's Working Party on cooperation in criminal matters is carrying out its fourth evaluation visits process and has issued a report on the "principle of proportionality" because some member states have issued EAWs "for what is perceived as very minor offences". These include:

"- detention of 0.45 grams of cannabis;
- detention of 1.5 grams of marijuana;
- detention of 0.15 grams of heroin;
- detention of 3 ecstasy tablets;
- theft of two car tyres;
- driving a car under the influence of alcohol, where the limit was not significantly exceeded (0.81 mg/l)
- theft of a piglet"

See: EU doc no: 10975/07 (full-text, pdf)