Implementation of the European Arrest Warrant and Joint Investigation Teams at EU and national level

The European Arrest Warrant and Joint Investigation Teams are two instruments of cooperation in the field of EU Freedom, Security and Justice. They are both currently used by Member States, but to different extents. The 2002 Council Framework Decision adopting the European Arrest Warrant has been challenged by national courts up to the constitutional level. Member States have also regularly implemented the European Arrest Warrant in contradiction with the text of the Framework Decision. Nevertheless, the European Arrest Warrant is the 'success story' of EU judicial cooperation in criminal matters. Joint Investigation Teams, on the other hand, have been used much less by Member States. Additionally, the main EU legal basis has not yet been implemented in all Member States. Nonetheless, Joint Investigation Teams have demonstrated their usefulness in investigating the most serious forms of criminality. Both instruments could be used more efficiently, in particular through a stronger involvement of both Europol and Eurojust.