Conference on extradition and surrender
- Start date:
- 24 June 2021
- 2 days
- Legal area:
- Criminology, Straf(proces)recht
Leiden University, Utrecht University and Maastricht University are organizing a two day conference on extradition and surrender, offering a venue for practitioners and young scholars to exchange experiences and ideas on these subject matters. We aim to:
- Identify current trends and issues in both extradition law and the European arrest warrant mechanism (EAW);
- Identify the further impact (or: side-effects, such as harmonising effects) of recent case-law on extradition and surrender on national criminal law and procedure:
- Discuss potential approaches to occurring and recurring obstacles to extradition and surrender;
- Discuss possible future initiatives in the areas of extradition and surrender;
- Involve practitioners and early-career researchers and offer the latter a platform to discuss their ideas with senior experts.
The dual theme of the conference is scrutinized from three different angles, which build three streams, both at the plenary sessions and in the working groups.
The first stream focuses on trends and issues in extradition law. This includes the current legal frameworks in treaties and national legislation, including national case-law on the matter. This stream also offers an opportunity to discuss the impact of fundamental rights concerns on extradition and relevant ECtHR case law dealing with such concerns.
As a second stream the conference takes a look at trends and issues in surrender law, covering the current legal framework of the European arrest warrant (EAW). Topics may include the impact of rule of law concerns on actual surrender and the position of competent authorities in that regard. This stream also offers the possibility to discuss side-effects (such as harmonizing effects) of the EAW Framework Decision and CJEU case-law on the matter.
The third stream focuses on common issues on extradition and surrender. This includes issues occurring in both extradition and surrender, or issues that have an impact on both cooperation mechanisms (such as Petruhhin and beyond). Topics in this stream may also compare trends in extradition and surrender.
The first day focuses on the three streams in a series of corresponding plenary sessions. Each plenary session includes two presentations, followed by audience discussion.
On the second day, participants are offered the opportunity to present their research in working groups, receiving feedback from senior experts and the audience.
Publication of the papers in the European Journal of Crime, Criminal Law and Criminal Justice
The organizers of the conference offer the possibility to publish the presentations in the peer-reviewed European Journal of Crime, Criminal Law and Criminal Justice. However, all submitted articles will have to meet the quality standards of the journal individually and will undergo peer-review. In case enough articles are accepted, these may be grouped together in a thematic issue. The organizers will inform the speakers of the possibility for publication after the event.
The conference will take place online, and participation in the conference will be free of charge for everyone.
Organization and contact
The conference committee consists of Jannemieke Ouwerkerk (Leiden University), Michiel Luchtman (Utrecht University), and André Klip (Maastricht University).
Questions concerning practical arrangements can be addressed to: Elise Filius (Leiden University, firstname.lastname@example.org).
The conference is sponsored by the Universities of Leiden, Utrecht and Maastricht.
10.00-10.15: Welcome and introduction
10.15-11.45: Session I
Chair: Jorrit Rijpma
1. The principle of trust in extradition law|
2. The rule of law in the framework of the European arrest warrant
3. The rule of law in practice: the case of the Hungarian judiciary
14:00-15.30: Session II
Chair: Judit Altena
1. Extradition Law. Reviewing Grounds for Refusal from the Classic Paradigm to Mutual Recognition and Beyond
Miguel João Costa
2. The European arrest warrant and in absentia decisions
3. Harmonisation through autonomous and uniform interpretation of EU norms
Jannemieke Ouwerkerk & Konstantinos Zoumpoulakis
10.00-10.15 Welcome and instructions on breakout sessions
10.15-11.45: Parallel working groups – first round
Panel I. Trends and issues in extradition law
Chair and discussant: André Klip
1. Evolution and state of play of the political offence exception in the framework of the Council of Europe
2. Statutory limitations as a treaty bar to extradition for international crimes and how to circumvent it
3. The main problematic aspects of extradition due to Ukranian legal system (in case of armed conflict in Ukraine)
Panel II. Trends and issues in surrender law
Chair and discussant: Stanislaw Tosza
1. The need for change: the EAW as an enforcement mechanism for reasonable forum choices
2. Law in the Books or Law in (Political) Action? Getting the EAW Double Criminality Check Right in the Puidgemont Case Frank Verbruggen and Lorena Bachmeier-Winter
3. EU criminalisation and the applicability of the EAW
Panel III. Common issues on extradition and surrender
Chair and discussant: Christina Peristeridou
1. Comparing the Machineries of Extradition
2. Extradition and surrender in post-conflict societies
3. ICC Statute implementation problems: impossibility to surrender, impossibility to comply
13.00-14.30: Parallel working groups – second round
Panel IV. Trends and issues in surrender law
Chair and discussant: Michiel Luchtman
1. Balancing Mutual Recognition and Fundamental Rights in the European Arrest Warrant: a Case Law Analysis of the Decisions of the Executing Judicial Authority in the Netherlands
2. Between law and politics: the evolving role of the judiciary in surrender procedures
3. The issuing judicial authority within the EAW: a decentralised enforcement of the rule of law
Cristina Sáenz Pérez
4. Policing the European Arrest Warrant – trusting policing partners
Panel V. Common issues on extradition and surrender
Chair and discussant: Adriano Martufi
1. Extradition and EAW in the practice of Polish Criminal Courts: Analysis of the Selected Jurisprudence
Joana Beata Banach-Guitierrez & Malgorzata Janicz
2. Extradition, fundamental rights and the Swiss theory of the three circles
Maria Ludwiczak Glassey
3. Petruhhin and beyond – Some reflections on the Court’s case law from a practitioner’s perspective
Sofia Mirandola & Christine Janssens
4. Still trust? Some reflections over the new EU-UK arrest warrant
14.30: Closing and Farewell
Online. The conference will take place in ZOOM.
Free of charge