In the context of the European Union’s Justice Programme STREAM project, Sergi Vazquez Maymir and Prof. Paul De Hert publish the first periodic country report for Belgium. The report examines some of the country’s key notes regarding the issuing and execution of the European Arrest Warrant (EAW).
The document is structured in three parts. The first section offers an overview of the procedure for issuing EAWs in Belgium, including the competent authorities involved and the existence of a mandatory ground for refusal based on fundamental rights. The second section examines the arguments raised by Belgian authorities to refuse the execution of EAWs focusing on three recent and highly political cases. The third section interprets the key issues faced, and the solutions adopted by Belgium considering the principle of mutual trust.
Project STREAM aims to increase mutual trust among judicial authorities and lawyers participating in surrender procedures by means of: fostering consistency and coherence in the use of the EAW, and promoting a streamlined understanding of the criminal justice rules and safeguards applicable to the surrender of persons in a post-Lisbon Treaty setting.