The Puigdemont case exposes challenges in the European Arrest Warrant. CEPS Commentary, 13 December 2017

Spain’s withdrawal of the EAWs for Puigdemont and his ministers is narrowly linked to the uncertain outcome that would have followed their examination by the Belgian authorities

Scientific Committee of the Conference

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Transfer of prisoners and extradition cases between Europe and Japan: legal and practical challenges

This chapter explores the law and the practice of cooperation between Japan and European States in the two fields of extradition and transfers of prisoners. These areas of cooperation are considered particularly sensitive from a fundamental rights, and a sovereignity perspective because States are required to exercise on their territory one of the most coercive powers, restricting individuals' personal liberty, for another State's criminal justice objectives. Belgium and the UK are taken as case studies of European countries because they illustrate two diametrically opposite experiences in cooperating with Japan, especially with regard to the transfer of prisoners. The research relied on a hybrid methodology combining a textual analysis of national - Japanese, Belgian and UK - law and international law, and empirical collection of data via expert interviews. Our finding shows transfers and surrenders of persons seem to be quite mono-directional, Japan extraditing and transferring significantly more suspects/prisoners than it received. The legal framework remains in both cases a traditional international law one - CoE convention for transfers of prisoners and ad hoc agreements, or UN conventions, for extradition - which tend to privilege safeguard of States' sovereignty over effectiveness of cooperation. Japan maintains, at least on paper, a role for diplomatic authorities in Transfer of Prisoners. In practice nonetheless communication appear to work quite smoothly between Japanese and UK and Belgian authorities. Whereas the biggest obstacle to cooperation and trust-building as far as Transfer of Prisoners consist in legislative differences. While with the UK this form of cooperation worked quite smoothly, the difference in early release scheme regulation between Japan and Belgium significantly slowed down cooperation. As far as extradition, it is Japanese conservative approach, notably to the ban on extradition of nationality which accounts for the limited degree of cooperation

Constitutionalising the Security Union: Effectiveness, Rule of Law and Rights on Countering Terrorism and Crime. CEPS Paperback, 21 November 2017

This collective volume offers a multidisciplinary examination of the critical issues and challenges associated with the EU’s initiative to build a Security Union, particularly in relation to common policies adopted at the member state level aimed at countering terrorism and crime. It delves into the EU’s efforts to support cross-border investigations, the exchange of information and international cooperation, taking stock of the effects on freedom and privacy. The various authors offer key research findings, which contributed to the European Commission’s 2017 Comprehensive Assessment of EU Security Policy. They identify and explore the main constitutional dilemmas facing the Security Union concerning EU standards enshrined in the Lisbon Treaty and the commitments undertaken in the context of the EU Better Regulation agenda. Hence, this timely examination of EU security policies sheds light on their effectiveness, proportionality, fundamental rights and societal implications

Criminal procedures and cross-border cooperation in the EU area of criminal justice

This book examines to what extent differences between national and procedural criminal laws hinder the negotiations and the operation of cross-border cooperation instruments. It is based on a comparative analysis of a representative sample of Member States

Approximation of substantive criminal law in the EU

This book dedicated to the substantive criminal law in the EU put the Libson Treaty under scrutiny. It evaluates the changes introduced by this new Treaty and their impact, before reflecting on future prospects