• Start date:
  • 24 June 2021
  • Duration:
  • 2 days
  • Legal area:
  • Criminology, Straf(proces)recht
  • Course:
  • Congress

Registration will be possible from March 1, 2021

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.  Our initial call (end 2019) has already allowed to compose five panels for the conference which was originally scheduled for May 2020, but had to be postponed due to COVID-19. Because there is some room left for additional presentations and panels, we have decided to reopen the Call for Abstracts. With this call we therefore invite you to submit a paper proposal for presentation in one of the working groups, each related to one of the three streams. The conference committee expressly encourages early career researchers to present their research.

Abstract proposals
We welcome abstracts falling within the scope of one of the three streams (see above).

Formal requirements:
Abstract proposals (maximum 500 words) need to be submitted online by 31 January 2021. Please upload your abstract here.
Please indicate under which of the three streams you would like to present and please include your contact details. Submitted abstract proposals will be reviewed by the conference committee. Abstracts that have been rejected in the previous round will not be considered.

Applicants will be notified of acceptance by 28 February 2021 at the latest.

Presentations
Accepted abstracts will be placed in a panel of contributions within one of the three streams and will be chaired by a senior expert. A panel session consists of three presenters. The sessions will last approximately 90 minutes, so participants will be granted no more than 15 minutes to present their papers. The presentation is followed by comments by the senior expert and a general discussion.

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.

Conference practicalities
The conference will start on 24 June 2021 and end on 25 June 2021. Please note that it has not yet been decided whether the conference will take place on-site or online – the final decision will be taken by 1 March 2021. If the conference can take place on-site, conference participants contribute a conference fee of € 65, but no fee will apply for selected presenters and for them conference dinner will be included. Participants must cover their own travel and accommodation expenses. If the conference will have to take place online, participation in the conference will be free of charge for everyone.

Of course you are equally welcome to participate without presenting a paper. Updated information on registration, payments and the final programme will be published on this website.

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, e.filius@law.leidenuniv.nl).

Acknowledgements
The conference is sponsored by the Universities of Leiden, Utrecht and Maastricht.

Please note that this is a provisional programme. It has not yet been decided whether the conference will take place on-site or online – the final decision will be taken by 1 March 2021

Conference practicalities
The conference will start on 24 June 2021 at 13.30 and end on 25 June 2021 at 13.00. Please note that it has not yet been decided whether the conference will take place on-site or online – the final decision will be taken by 1 March 2021If the conference can take place on-site, conference participants contribute a conference fee of € 65. The conference dinner on the first day is optional (+ €35) .  

No fee will apply for selected presenters and for them conference dinner will be included. All Participants must cover their own travel and accommodation expenses. If the conference will have to take place online, 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: e.filius@law.leidenuniv.nl .

Acknowledgements
The conference is sponsored by the Universities of Leiden, Utrecht and Maastricht.
 

CONFERENCE programme

EXTRADITION AND SURRENDER

LEIDEN UNIVERSITY – UTRECHT UNIVERSITY - MAASTRICHT UNIVERSITY

24-25 JUNE 2021 - LEIDEN

Day 1

13.30-13.45:              Welcome and introduction

                                   Jannemieke Ouwerkerk

 

13.45-15.15:              Session I

Chair: Jorrit Rijpma

  1. The principle of trust in extradition law

André Klip

       2. The rule of law in the framework of the European arrest warrant

Michiel Luchtman

       3. The rule of law in practice: the case of Hungary

Tamás Matusik

 

Audience discussion

15.15-15.45:              Break

15:45-17.15:             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

Vincent Glerum

      3. Harmonisation through autonomous and uniform interpretation of EU norms Jannemieke
          Ouwerkerk & Konstantinos Zoumpoulakis

Audience discussion

 

Day 2

9.00-10.30:                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

Sibel Top

       2. Statutory limitations as a treaty bar to extradition for international crimes and how to circumvent
           it

Irene Milazzo

       3. The role of the UK’s forum bar to extradition

Micheál Ó Floinn

       4. The main problematic aspects of extradition due to Ukranian legal system (in case of armed
           conflict in Ukraine)

Nadiia Shulzhenko


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

Joske Graat

       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

Sanne Buisman

Panel III. Common issues on extradition and surrender

Chair and discussant: Christina Peristeridou

  1. Comparing the Machineries of Extradition

Renaud Colson

       2. Extradition and surrender in post-conflict societies

Attila Nagy

       3. ICC Statute implementation problems: impossibility to surrender, impossibility to comply

Tamás Lattmann

10.30-11.00:              Coffee break

11.00-12.30:              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

Daila Gigengack

      2. Positive Obligations, Fundamental Rights and the European Arrest Warrant – the Judgment of
          Romea Castano v. Belgium evaluated in the light of the case law of the ECtHR and the ECJ
          concerning the protection of fundamental rights and surrender proceedings

Aart de Vries

      3. Policing the European Arrest Warrant – trusting policing partners

Estelle Marks

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

       2. Extradition, fundamental rights and the Swiss theory of the three circles

Maria Ludwiczak Glassey

      3. Prisoner transfers within the EU’s extradition system – the EAW’s ugly sibling?

Robin Hofmann

13.00:                         Lunch and Farewell


Nader te bepalen

If the conference can take place on-site, conference participants contribute a conference fee of € 65.  The conference dinner on the first day is optional (+ €35). No fee will apply for selected presenters and for them conference dinner will be included. All Participants must cover their own travel and accommodation expenses. If the conference will have to take place online, participation in the conference will be free of charge for everyone.

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