Difficulties in executing European arrest warrants : selected judgments decided by the Maltese courts

Abstract

This Article seeks to identify problems in implementing and executing European Arrest Warrants (鈥淓AWs鈥�) in Malta. It will be shown that there are certain principles and procedural diffi culties which hamper the correct and effi cient application of instruments of mutual recognition in a domestic sphere. Problems invariably arise resulting in unnecessary delays, lengthy proceedings, non-execution on the basis of ne bis in idem not to mention legal diffi culties which could arise from adopting the proportionality criterion in application. What follows is a critique of certain issues which arise from a domestic perspective suggesting reform where necessary.