The study focuses on problem of lodging complaint against decisions on the European Arrest Warrant (EAW). The Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) does not contain any direct references to this question. The first part of the study includes analysis of the regulations adopted by the Member States of the EU. Lack of express regulation in the framework decisions on the EAW means solely that the European legislator left the question of the possibility of lodging a complaint to be regulated under national law. This should be perceived as the main cause for a substantial divergence among solutions adopted in the Member States. This analysis enables to distinguish four types of solutions in the Member States - from full challengeability of surrender decision to the complete exclusion of complaint. The second part aims to look for common standard relating to the possibility of lodging a complaint against the decision on issuing and execution of the EAW arising from international law acts as the Convention for the Protection of Human Rights and Fundamental Freedoms and the International Pact on Civil and Political Rights. Also the provisions of Polish Constitution are analysed. The third part of the paper includes analysis of Polish code of criminal proceedings concerning the question of the possibility of lodging a complaint against decisions on issuing of the EAW and the fourth part concerning decisions on execution of the EAW. The last part focuses on possibility of lodging a cassation to the Supreme Court against decisions on executing the EAW.
Financed by the National Centre for Research and Development under grant No. SP/I/1/77065/10 by the strategic scientific research and experimental development program:
SYNAT - “Interdisciplinary System for Interactive Scientific and Scientific-Technical Information”.