NATIONAL FRAMEWORK CONCERNINGEU CROSS BORDER INSTRUMENTS 2.2. FD 2002/582/JHA – EUROPEAN ARREST WARRANT 2.2.1. STATISTICS AND LEGAL FRAMEWORK FD 2002/584/JHA (FD 584/EAW) regulates the judicial surrender of a person for the purpose of prosecution or execution of a custodial sentence or detention order. FD 584/EAW follows the purpose to guarantee that open borders and free movement within the EU is not abused by those seeking to evade justice. FD 584/ EAW is implemented in Art 3-38 EU-JZG. Art 3-5 EU-JZG contain general provisions on the EAW. Art 5-28 concerns the enforcement of an EAW issued by another Member State. The surrender procedure and the execution of the European arrest warrant are conducted by the public pros- In the annual reports by the Ministry of Interior, the number of EAWs issued and received by Austrian authorities, as well as the number of persons surrendered from and to Austria, are published. 20 Unfortunately, no data is available on the number of persons with intellectual and/ or psychosocial disabilities against whom an EAW was issued/executed. Year EAWs received by Austria Conf. Ref. Persons surrendered by Austria based on EAW Persons arrested under EAW in Austria EAWs issued by Austria Persons surrendered to Austria based on EAW 2020 313 215 31 162 N/A 509 136 2019 399 269 28 202 392 645 192 2018 206 193 16 109 97 662 319 2017 211 199 n.a. 112 110 783 337 2016 178 N/A N/A 173 69 602 245 Data: Ministry of Justice21 ; DG Just22 18 ecutor’s offices while the regional courts are responsible for judicial decisions.17 The competent judicial authority for issuing European arrest warrants are the public prosecutor’s offices at the seat of the regional courts. However, the European arrest warrant must be granted by the competent court.18 Austria has designated the Ministry of Justice and the Federal Ministry of the Interior's Directorate-General for Public Security to assist the competent judicial authorities.19

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