European Arrest Warrant in (post) pandemic times: challenges and opportunities

Abstract

In 2002, the Council of the European Union adopted Framework Decision 2002/584/JHA on the European Arrest Warrant and the surrender procedures between Member States. Since then, it has been one of the most widely used instruments of mutual recognition in the field of legal cooperation in criminal matters at the European level. Due to the pandemic of 2020, the general paralysis of the justice systems and the obstacles and difficulties arising from the limitations caused by COVID-19 also affected procedures under the European Arrest Warrant, which, given its relevance due to its frequent use, deserves analysis. This paper analyzes the effects that the pandemic has had on procedures related to the European Arrest Warrant, complementing the conclusions of this study with an analysis of the challenges faced and the opportunities that arose from them, with the aim of contributing to an improvement in its use.