Comments on the proposal for a Council Framework Decision on the European Arrest Warrant and the Surrender Procedures between Member States (14867/1/01 REV 1, COM (2001) 522 FINAL/2)

The Standing Committee of experts on international immigration, refugee and criminal law (hereafter referred to as the Standing Committee) is worried that the proposed Framework Decision fails to provide procedural certainty and protection to the rights of the individual and that it goes beyond the competencies of the Council as laid down in Title VI of the Treaty on European Union.

Moreover, contrary to the impression conveyed by the Council when it proposed this Framework Decision in the aftermath of the September 11^th terrorist-attacks, the Standing Committee can find no visible relationship with the combat of terrorism in this final draft of the proposed Framework Decision. This Framework Decision has therefore serious implications for local (e.g. non-transnational) crime as well. In addition to these general remarks the Standing Committee would like to draw your attention to the following points.