The European Arrest Warrant and protection of the right to a fair trial in terms of procedural safeguards

More than two decades ago, the traditional bilateral extradition system for the exchange of criminals was replaced by the Framework Decision on European Arrest Warrant, a cornerstone instrument that unifies, simplifies and speeds up procedures for surrendering criminals. Despite not containing provisions refusing extradition for human rights violations, several measures, amendments, directives, decisions, and guidelines were established, moving toward greater recognition of individuals' fundamental rights. Accordingly, special assessment tools were implemented to evaluate detention conditions or compliance with the specific aspects of the right to due process. However, limited attention was given to evaluation schemes applicable to procedural safeguards of the right to a fair trial, which are particularly significant in the context of quasi-automated transboundary judicial recognition. Therefore, this thesis aims to evaluate the European Arrest Warrant (EAW) in terms of its practical effect on the protection of the fundamental right to a fair trial. This will be achieved through a theoretical and legal overview, together with an in-depth case-law analysis of the Court of Justice of the EU rulings, and a partial reflection on the approach of the European Court of Human Rights. The fundamental guarantees are illustrated by identifying patterns, judicial practices and case-law developments. This seeks to result in an examination of the protection of procedural principles granted to the individual, together with a proposal to strengthen particular areas of this mechanism, which is designed to address impunity.