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