2425 Oct 2019

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

Programme

Download the printable programme in pdf here.

Thursday, 24 October 2019

As of 12h00 Arrival and registration
13h30 Words of Welcome
Hosts:
- Prof. Jan Smits, Dean of the Faculty of Law, Maastricht University
- Christa Wiertz-Wezenbeek, President of the Amsterdam District Court
14h00

The research project InAbsentiEAW: Goals, methodology, outcomes
Chair: Judge Kees Klomp, Amsterdam District Court
Speakers:
- Prof. Vincent Glerum (Professor of International and European Criminal Law, University of Groningen, and Legal Advisor to the Extradition Chamber of the District Court of Amsterdam)
- Prof. André Klip (Professor of Criminal Law, Criminal Procedure and the Transnational Aspects of Criminal Law, Maastricht University)

14h45 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
15h30 Coffee break
16h00 Effective in absentia EAWs: Necessities from a national perspective
Chair: Christina Peristeridou, Assistant professor, Maastricht University
Speakers:
- 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
19h00 Dinner

Friday, 25 October 2019

08h30        Registration
09h00

Challenges and solutions for in absentia EAWs
Chair: Prof. André Klip
1. Summons, trial, absence – Autonomous EU law concepts?
Speaker: Prof. Ester Herlin-Karnell, Associate professor of Public Law at Gothenburg University, Sweden
2. The rights of the defendant in in absentia EAWs – How to reconcile Art. 4a with Directive 2016/343/EU?
Speaker: Vânia Costa Ramos, defence counsel Portugal
3. The virtual courtroom – the step forward to prevent in absentia?
Speaker: Prof. Yvonne M. Dutton, Professor at Indiana University Robert H. McKinney Law School

10h30 Coffee break
11h00

After InAbsentiEAW – Reflections from the stakeholders’ perspectives on the way forward
Chair: Christina Peristeridou, Assistant professor, Maastricht University
Speakers (InAbsentiEAW Sounding Board members):
- Per Hedvall (Swedish Prosecution Authority)
- Atanas Atanasov (judge at Sofia Appellate Court, Bulgaria)
- Dr. Salvatore Tesoriero (defence counsel, Italy)
- Patrice Amar (prosecutor, France)

12h45 Wrap-up and Thank you
Host: Prof. André Klip
13h00 Lunch
15h00 End of the symposium

 

Venue

Buitenplaats Vaeshartelt
Weert 9
6222 PG Maastricht
www.vaeshartelt.nl