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Implementation of European Arrest Warrant in Croatia: A Risk for the Functioning of Judicial Cooperation in Criminal Matters in the EU?

Croatian accession to the EU included the implementation of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States. The way Croatia implemented the EAW Framework Decision, however, has resulted in controversies and public attention, both in Croatia and other Member States, revealing many problems within the system of judicial cooperation in criminal matters within the EU. The aim of the paper is to investigate the implementation of the EAW Framework Decision within Croatia ; to determine whether the manner in which the said Member State has carried out the implementation has highlighted a risk for the functioning of judicial cooperation in criminal matters within the EU ; and which legal measures should be used in order to prevent disintegration of the cooperation from happening. Several legal measures are proposed, both on the national and the European level, to prevent the risk of further undermining the system of judicial cooperation within the EU. These measures are presented within the context of several overarching legal principles like (providing clearer definition of the notion of) non- verification of double criminality and protection of legal interests of the Member States issuing the European Arrest Warrant.

Croatia ; double criminality ; European Arrest Warrant

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