The European Arrest Warrant and EU Citizenship : EU citizenship in relation to foreseeability problems in the surrender procedure

Abstract

This book offers an in-depth analysis of the relationship between EU citizenship, the European arrest warrant (EAW) and the legality principle. It focuses on the role of the EAW in relation to two foreseeability problems with which EU citizens – especially those who exercise free movement rights – could be confronted. These problems relate to the foreseeability of specific national criminal laws at the time of the offense, on the one hand, and forum decisions on the other. The first part of the book answers the question as to what extent these foreseeability problems and the role of the EAW therein are viewed as legality problems at the EU level and in three national legal orders, including the Netherlands, Germany, and England and Wales.

In the second part of the book the current scope and content of the legality principle is questioned in light of the EU’s objective to offer its citizens an Area of Freedom, Security and Justice (AFSJ) in which both safety and free movement are guaranteed. As EU citizens often encounter foreseeability problems when exercising their free movement rights, it is argued that they should be protected by a transnational fundamental rights framework. This book offers recommendations for a transnational interpretation of the legality principle, which fits the normative context of the AFSJ as described in Article 3(2) TEU. On the basis of the evolution of EU citizenship over time, this book also develops two EU citizenship narratives. It explains how these narratives could contribute to both transnational fundamental rights protection and a solution for the foreseeability problems. With regard to a concrete solution, this book provides the EU legislator with recommendations for EU legislation that could adequately solve the foreseeability problems and the role of the EAW therein.