Enhancing Procedural Rights and Judicial Co-operative in the EU

|General|Guidance

Cross border cases where judgments are made in absentia

The European Arrest Warrant follows an agreed Framework Decision to which there is reference in this consultation Member States give effect to the European Arrest Warrant on the principle of mutual recognition of judicial decisions subject to respect for the provisions of the European Convention on Human Rights.

This paper supports the principle that a defendant who is subject to a penalty that is judicially imposed in one European Union State for an offence committed in that European Union State should be subject to enforcement process in his or her normal European Union State of residence.