Surrender of Bulgarian Nationals in Execution of the European Arrest Warrant  Cover Image
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Предаването на български граждани в изпълнение на европейска заповед за арест
Surrender of Bulgarian Nationals in Execution of the European Arrest Warrant

Author(s): Gergana Marinova
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: The article discusses nationality exception abolition as an absolute ground for non execution of the European arrest warrant (EAW). First, the two concepts on extradition of nationals (under Civil law and Common law) are briefly examined. Then the main factors leading to nationality exception abolition in the Framework decision (FWD) are outlined. Its implementation created problems to the states with constitutional ban on extradition of their nationals (among them Germany and Poland). In this context I analyze art. 25 (4) of the Bulgarian Constitution as well as Decision no. 3/5 July 2004 of the Constitutional Court. Finally, I examine some of problems concerning the practical application of art. 4 (6) and art. 5 (3) FWD. I make the conclusion that the FWD is the first legal instrument which applies the principle of mutual recognition in the Thirdpillar oftheEU. In spite of difficulties in the course of its implementation and application the member states issue and execute EAW. It proves their will to cooperate more closely in the field of criminal matters.

  • Issue Year: XLVIII/2007
  • Issue No: 2
  • Page Range: 35-46
  • Page Count: 12
  • Language: Bulgarian