First Periodic Country Report: The Netherlands
This Country Report examines the judgements of the District Court published on rechtspraak.nl (database of the Dutch judiciary). In total, 2663 judgements of the District Court concerning the EAW have been published at rechtspraak.nl (reference date 1 December 2021). These judgements have been analysed on several themes, namely: issuing judicial authority, proportionality, case-readiness, pre-trial detention, and fundamental right defences, such as detention facilities, fair trial rights, rule of law standards, and the right to family life. A selection of case law has been made taking into acc... Mehr ...
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Dokumenttyp: | Buch |
Erscheinungsdatum: | 2022 |
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Sprache: | Englisch |
Permalink: | https://search.fid-benelux.de/Record/base-27230325 |
Datenquelle: | BASE; Originalkatalog |
Powered By: | BASE |
Link(s) : | https://research.vu.nl/en/publications/d07dc0c8-d6ea-4d4c-ab4d-0cf39279346d |
This Country Report examines the judgements of the District Court published on rechtspraak.nl (database of the Dutch judiciary). In total, 2663 judgements of the District Court concerning the EAW have been published at rechtspraak.nl (reference date 1 December 2021). These judgements have been analysed on several themes, namely: issuing judicial authority, proportionality, case-readiness, pre-trial detention, and fundamental right defences, such as detention facilities, fair trial rights, rule of law standards, and the right to family life. A selection of case law has been made taking into account the following criteria: • National case law in which the District Court has made efforts to conjugate the implementation of the EAW with the EU rule of law and fair trial guarantees, CJEU guidance on the use of the EAW and/or the EU acquis protecting the procedural rights of suspects and accused persons; • National case law in which the District Court has dealt with or resolved factors affecting trust in criminal justice cooperation on surrender with the EU; • National case law in which the cooperation under the EAW has been conditioned by constitutional specificities that condition the nature and scope of the material and procedural safeguards allowing for the issuing and execution of EAWs. The aim of this report is to highlight the key controversies surrounding cooperation through the EAW in the Netherlands. It will discuss the challenges that these controversies raise from the perspective of the principle of mutual recognition on the one hand, and the application of EU fundamental rights and rule of law safeguards on the other hand.