Conference 'The EAW and in absentia convictions'
Together with the Amsterdam District Court and partners from five other EU Member States, researchers of Maastricht University have conducted a comparative legal study into European Arrest Warrants (EAW) relating to persons who were not present in the proceedings leading to their conviction (in absentia proceedings).
Practice shows that it often comes to problems in the request and execution of such EAWs. Not only do the procedures have to be reconciled with the right to a fair trial, of which the right to be present in criminal proceedings is an essential part, as enshrined in the Charter of Fundamental Rights of the European Union. The European rules on EAWs after in absentia proceedings also seem to be unclear and national practice differs considerably in the Members States of the European Union. The research project has identified the underlying problems and misunderstandings between States that lead to the considerable delay, unjustified refusal of in absentia EAWs – or even unjustified surrender of convicts. In addition, common standards for issuing EAWs after in absentia proceedings have been formulated in order to avoid these problems.
At this closing symposium, we wish to present and discuss the main findings of our research as well as selected challenges of in absentia EAWs with a broad audience of practitioners and academics.
This conference is funded by the European Union’s Justice Programme (2014-2020).
The content of this symposium represents the views of the organisers/presenters only and is their sole responsibility. The European Commission does not accept any responsibility for use that may be made of the information it contains.
Project webiste: InAbsentiEAW
Thursday, 24 October 2019
|As of 12h00||Arrival and registration|
Words of Welcome
- Prof. Jan Smits, Dean of the Faculty of Law, Maastricht University
- Christa Wiertz-Wezenbeek, President of the Amsterdam District Court
The research project InAbsentiEAW: Goals, methodology, outcomes
Paving the way for better mutual recognition: The EU’s perspective on the InAbsentiEAW recommendations
Chair: Judge Kees Klomp, Amsterdam District Court
Speaker: Gerard Hogan, Advocate General at the Court of Justice of the European Union
Effective in absentia EAWs: Necessities from a national perspective
Chair: Christina Peristeridou, Assistant professor, Maastricht University
- Justice John Edwards (Judge of the Court of Appeal of Ireland and Adjunct Professor of Law at the University of Limerick, Ireland)
- Dr. Szabolcs Hornyák (Judge at the National Office of the Judiciary, Hungary)
- Jan Van Gaever (Advocate General at the Court of Appeal of Brussels, Belgium)
- Prof. Vincent Glerum (legal advisor and professor, The Netherlands)
- Dr. Mariana Radu (Eurojust and Ministry of Justice, Romania)
- Prof. Małgorzata Wąsek-Wiaderek (Judge at the Supreme Court of Poland and Professor of Criminal Procedure at Catholic University of Lublin, Poland)
|18h00||End of the working day|
Friday, 25 October 2019
Challenges and solutions for in absentia EAWs
After InAbsentiEAW – Reflections from the stakeholders’ perspectives on the way forward
Wrap-up and Thank you
Host: Prof. André Klip
|15h00||End of the symposium|
6222 PG Maastricht