Italians and Czechs resist arrest warrant

By Martin Banks

Date: 16/09/04

THE EU arrest warrant has still not been fully implemented across the Union - nine months after it was introduced.

Italy and the Czech Republic are the two member states yet to pass the warrant into national law, each for different reasons.

The 15 older EU member states had until 31 December 2003 to introduce the warrant, while the ten new members were set a deadline of June 2004.

In Italy, a bill is before the parliament and Rome is expected to have the warrant in place by the end of the year.

However, there is uncertainty as to when, if at all, the Czech Republic will follow suit.

The country's parliament and government both favour transposing the warrant into national law but its President, Vaclav Klaus, has exercised his right of veto and rejected such a move.

A spokesperson for the Czech Republic Permanent Representation to the EU said: "The president does not believe the warrant complies with our constitution and has vetoed it.

"The government will try to push it through by December, but whether this will happen is anyone's guess."

She added that the country's constitutional court might yet be asked to rule on the matter.

Aside from the delayed introduction of the warrant, there is also concern that the majority of member states have not yet put in place appropriate procedures to allow their judicial authorities to use it.

Eurojust, the EU's judicial cooperation network based at The Hague, says the warrant has been used in around 100 cases, so far. The warrant replaces the often lengthy bilateral extradition procedures with a fast-track handover of suspects wanted for terrorism and other serious crimes. It was brought in partly as a response to the 11 September 2001 terror attacks in the US but is expected to have wide-ranging consequences beyond the fight against international terrorism.

It is not without its critics, including UK Conservative MEP Geoffrey van Orden, deputy chairman of the European Parliament's foreign affairs committee, who said: "I do not like this warrant. It is another step too far and quite unnecessary.

"For example, it gives a foreign magistrate the power to arrest a British citizen for an offence that may not be a crime in the UK."

Stephen Jakobi, of UK-based campaign group Fair Trials Abroad, said: "The warrant would be a good idea if it had the appropriate safeguards but these are currently missing."

A spokesman for António Vitorino, the justice and home affairs commissioner, said the Commission will soon draw up a report on the warrant for publication at the end of the year.

"This should give a clearer picture as to the number of cases in which it has been used."

Nine months after its introduction the European Union arrest warrant has still not been fully implemented by all Member States. Italy and the Czech Republic are the two member states yet to pass the warrant into national law, each for different reasons. The 15 older EU member states had until 31 December 2003 to introduce the warrant, while the ten new members were set a deadline of June 2004. In Italy, a bill is before the parliament and Rome is expected to have the warrant in place by the end of 2004. However, there is uncertainty as to when, if at all, the Czech Republic will follow suit.

The country's parliament and government both favour transposing the warrant into national law but its President, Vaclav Klaus, has exercised his right of veto and rejected such a move.

A spokesperson for the Czech Republic Permanent Representation to the EU said: "The president does not believe the warrant complies with our constitution and has vetoed it."