At the moment it is on everyone’s lips the denial by the Belgian authorities of the delivery to Spain of the former president of the Generalitat and leader of JxCat Carles Puigdemont, in this article we will briefly examine what the European arrest warrant or Euroroden is
First of all, let us ask ourselves what is the European arrest warrant? The European Detention and Surrender Order, also called OEDE or Euroorder, is applied in the field of interstate relations in the European Union.
The Euroorden is a simplified and cross-border judicial procedure of delivery for the purposes of prosecution or execution of a sentence or a custodial security measure, which is defined in Law 23/2014, of November 20, of mutual recognition of criminal decisions in the European Union. Euro orders issued by the judicial authorities of any country of the European Union are valid throughout the territory of the Union.
The euro order is configured as a legal-procedural instrument of a judicial, simplified and cross-border nature instituted within the framework of judicial cooperation within the scope of the European Union for the delivery of the subjects sought with the aim of carrying out proceedings or for the execution of penalties or custodial security measures where governmental competence in favor of judicial leadership disappears.
Yes, this jurisdictional nature of the Euroorder implies the “depoliticization” of the decision, as well as a greater predisposition towards the protection of the fundamental rights of the “wanted person”. Indeed, with the Euroorder, the traditional extradition system is transformed from a system based on the principle of sovereignty and distrust between States to a new system based on mutual trust between the judicial systems of the Member States of the European Union.
If you are looking for an expert attorney in extraditions, count on Guerra Bermúdez Abogados. We are specialists in Active Extradition, Passive Extradition and Euro-Order.
What characterizes the Euroorder?
In accordance with art. 10 of Law 12/2009, of October 30, regulating the right to asylum and subsidiary protection, constitute serious damages that give rise to the subsidiary protection provided for in article 4 of this Law:
- In the first place, the sentence to the death penalty or the risk of his material execution.
- Second, torture and inhuman or degrading treatment in the applicant’s country of origin.
- Third, serious threats against the life or integrity of civilians caused by indiscriminate violence in situations of international or internal conflict.
That is, international protection is granted to refugees, that is, to people who have a well-founded fear of being persecuted in their country for reasons of race, religion, nationality, political opinions, belonging to a certain social group, gender or orientation. sexual. Refugees are granted the right of asylum.
Can a euro order violate the fundamental rights of the person sought?
The answer is offered by art. 3 of the Law on Mutual Recognition of criminal decisions in the European Union, where it states that said law will be applied respecting the fundamental rights and freedoms and the principles set forth in our Constitution, in art. 6 of the Treaty on European Union and the Charter of Fundamental Rights of the European Union, and in the European Convention on Fundamental Rights and Freedoms of the Council of Europe of November 4, 1950.
Likewise, in accordance with recital 12 of the Council Framework Decision of June 13, 2002, said Framework Decision respects Fundamental Rights and observes the principles recognized in art. 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union, specifically in its Chapter VI. Nothing in the said Framework Decision may be interpreted as preventing the surrender of a person against whom a Euro order has been issued when there are objective reasons to suppose that said European arrest warrant has been issued for the purpose of prosecution or punishment. to a person because of sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation, or that the situation of said person may be harmed for any of these reasons.
Guerra Bermúdez Abogados, maintains a continuous update on matters of international competence, assuming the defense in international criminal proceedings, such as:
i) The European Arrest and Surrender Orders.
iii) Asylum and refugee applications.
For all this, from Guerra Bermúdez Abogados, as a firm specialized in extraditions, we can advise and accompany you in any situation that arises. These procedures need specialized lawyers who act before the National Court.