20 Years of the European Arrest Warrant under a German Perspective

Germany has often been in the focus when it comes to questions of experiences and challenges after 20 years of application of the European Arrest Warrant. The authors shed light on the challenges the EAW brought in Germany under three perspectives: The first one relates to the implementation of the instrument which is described by way of an outline. This part includes the history of the implementation legislation and provides insights into some specialities of the surrender proceedings according to German law which are currently also under the discussion for reform. The second perspective deals with the impact of the EAW on German practice and workload. By way of analysing statistical data on the handling of the EAW in Germany and comparing them with data for all EU Member States, the authors demonstrate how the EAW affected resources and structures in Germany and to which extent grounds for refusal gained importance in recent years. The third perspective addresses the obviously major issue of concrete application of the EAW: The discussion on the ground for refusal based on fundamental rights. Since this issue has not only been predominant in fierce debates among German scholars even from the outset of the EAW, but also has high practical relevance in Germany and led to a spat between the German Federal Constitutional Court and the Court of Justice of the European Union, an in-depth analysis is conducted. In this context, the basic views are contrasted, and the subsequent development of court practice analysed. Lastly, the authors’ conclusions include possible future perspectives for the EAW as the landmark of judicial cooperation in the European Union.