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Surrender Procedure and Nordic Countries (Norway & Island)

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European Arrest Warrant

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Abstract

Norway and Iceland expressed their wish to enter into the surrender procedure with the European Union Member States. The chapter deals with the ‘Norway/Island surrender procedure’. It is divided into two sections and is summarised with concluding observations. Section 9.1 analyses its legal Basis—an Agreement on the Surrender Procedure between the Member States of the European Union and Iceland and Norway. Further, in Sect. 9.2 are presented its modifications.

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Notes

  1. 1.

    Recital 4 of the Agreement on the Surrender Procedure between the Member States of the EU and Iceland and Norway.

  2. 2.

    See: Council Decision 2000/777/EC of 1st December 2000 on the application of the Schengen acquis in Denmark, Finland and Sweden, and in Iceland and Norway. Official Journal of the European Communities, L 309/24 of 09.12.2000.

  3. 3.

    Muth (2007), p. 19.

  4. 4.

    Council Decision 2006/697/EC of 27th June 2006 on the signing of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway. Official Journal of the European Union, L 292/1 of 21.10.2006; the signing of the Agreement on the surrender procedure between the EU Member States and Iceland and Norway was approved on behalf of the EU, however, subject to its conclusion (Article 1 of the Decision).

  5. 5.

    Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway. Official Journal of the European Union, L 292/13 of 21.10.2006.

  6. 6.

    European Commission (2009): ‘Proposal for a Council Decision on the conclusion of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway’, COM(2009) 705 final, p. 2.

  7. 7.

    With the entry into force of the Lisbon Treaty on 1st December 2009, the procedures to be followed to that end by the EU are governed by Article 218 of the Treaty on the functioning of the EU. In the case of agreements covering fields to which the ordinary legislative procedure applies, the Council of the EU shall adopt a decision concluding the agreement, after obtaining the consent of the European Parliament [Article 218(6)(a) of the Treaty on the functioning of the EU].

  8. 8.

    Convention drawn up on the Basis of Art. K.3 of the Treaty on European Union, relating to extradition between the Member States of the European Union. Official Journal of the European Communities, C 313/12 of 23.10.1996.

  9. 9.

    Article 1(1)(2) of the Agreement on the surrender procedure.

  10. 10.

    Article 2(5) of the Agreement on the surrender procedure.

  11. 11.

    Article 1(1) of the Framework Decision on the EAW.

  12. 12.

    Article 34(1) of the Agreement on the surrender procedure.

  13. 13.

    European Convention on Extradition. Council of Europe, European Treaty Series No. 024 [1957]. Paris, 13th December 1957.

  14. 14.

    Additional Protocol to the European Convention on Extradition. Council of Europe, European Treaty Series No. 086 [1975]. Strasbourg, 15th October 1975.

  15. 15.

    Second Additional Protocol to the European Convention on Extradition. Council of Europe, European Treaty Series No. 098 [1978]. Strasbourg, 17th March 1978.

  16. 16.

    European Convention on the Suppression of Terrorism. Council of Europe, European Treaty Series No. 090 [1977]. Strasbourg, 27th January 1977.

  17. 17.

    Convention implementing the Schengen Agreement of 14th June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders. Official Journal of the European Communities, L 239/19 of 22.9.2000.

  18. 18.

    Article 31(1) of the Framework Decision on the EAW.

  19. 19.

    Article 34(2) of the Agreement on the surrender procedure.

  20. 20.

    Article 34(3) of the Agreement on the surrender procedure.

  21. 21.

    Article 41(1)(2) of the Agreement on the surrender procedure.

  22. 22.

    Klimek (2011), p. 57.

  23. 23.

    Article 3(1) of the Agreement on the surrender procedure.

  24. 24.

    Article 3(2) of the Agreement on the surrender procedure.

  25. 25.

    Article 3(4) of the Agreement on the surrender procedure.

  26. 26.

    Article 3(4) of the Agreement on the surrender procedure.

  27. 27.

    Article 3 of the Framework Decision on the EAW; Article 4 of the Agreement on the surrender procedure.

  28. 28.

    Article 4 of the Framework Decision on the EAW; Article 5 of the Agreement on the surrender procedure.

  29. 29.

    Article 6(1)(2) of the Agreement on the surrender procedure.

  30. 30.

    European Convention on the Suppression of Terrorism. Council of Europe, European Treaty Series No. 090 [1977]. Strasbourg, 27th January 1977.

  31. 31.

    Articles 1 and 2 of the European Convention on the Suppression of Terrorism.

  32. 32.

    Convention for the Suppression of Unlawful Seizure of Aircraft; UN Treaty Series 1973; signed at the International Conference on Air Law, The Hague, 16th December 1970.

  33. 33.

    Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation; 974 UNTS 177; adopted by the Diplomatic Conference on Air Law, held under the auspices of the International Civil Aviation Organisation, in Montreal on 23rd September 1971.

  34. 34.

    Article 1(1)(2) Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation.

  35. 35.

    Council Framework Decision 2002/475/JHA of 13th June 2002 on combating terrorism as amended by the Framework Decision 2008/919/JHA. Official Journal of the European Communities, L 164/3 of 22.6.2002.

  36. 36.

    Article 6(3) of the Agreement on the surrender procedure.

  37. 37.

    Article 7(1)(2)(3) of the Agreement on the surrender procedure.

  38. 38.

    Article 30(1) of the Agreement on the surrender procedure.

References

  • Klimek L (2011) The European arrest warrant procedure and the Nordic countries. Int Comp Law Rev 10:47–60

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  • Muth F (2007) When sleeping dogs wake up: Norway and justice and home affairs in the European Union. Centre for European Integration Studies – Rheinische Friedrich-Wilhelms-Universität Bonn, Bonn

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Authors and Affiliations

  1. Faculty of Law, Pan-European University, Bratislava, Slovak Republic

    Libor Klimek

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Klimek, L. (2015). Surrender Procedure and Nordic Countries (Norway & Island). In: European Arrest Warrant. Springer, Cham. https://doi.org/10.1007/978-3-319-07338-5_9

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