The framework decision on the European arrest warrant and the surrender procedures between member states does not need replacing with a Directive, the European Court of Justice (ECJ) has ruled.
In Advocaten voor de Wereld VZW v Leden van de Ministerraad, the claimant argued the warrant ought to be regulated using a convention and should thus be annulled. The ECJ accepted that the warrant could have been the subject of a convention, but said it was a matter for the Council’s discretion to use the framework decision instead. It held the removal of verification of double criminality conforms with the principle of legality.
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