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European Arrest Warrant

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The European Arrest Warrant ( EAW ) is an arrest warrant valid throughout all member states of the European Union (EU). Once issued, it requires another member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on trial or complete a detention period. It is a simplified cross-border judicial surrender method, and has replaced the lengthy extradition procedures that used to exist between member states. The EAW has been in force since 1 January 2004 in all Member States.

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134-514: An EAW issued by one of the Member States is valid in the entire territory of the EU. The mechanism is based on the principle of mutual recognition . An EAW can be issued only for the purposes of conducting a criminal prosecution (not merely an investigation), or for enforcing a custodial sentence . It can be issued only for offences carrying a minimum penalty of one year or more in prison. Where

268-492: A Nordic social welfare system that provides universal health care and tertiary education for its citizens. It has the world's 14th highest GDP per capita and ranks very highly in quality of life , health , education , protection of civil liberties , economic competitiveness, income equality , gender equality and prosperity . Sweden joined the European Union on 1 January 1995 and NATO on 7 March 2024. It

402-577: A UN-mandated no-fly zone over Libya during the Arab Spring . In addition, there was extensive cooperation with other European countries in the area of defence technology and defence industry; some Swedish-made weaponry was used by Coalition militaries in Iraq. In response to the 2022 Russian invasion of Ukraine , Sweden moved to formally join NATO, alongside Finland. After many months of delays caused by

536-441: A fiscal crisis in the early 1990s. Sweden's GDP declined by around 5%. In 1992, a run on the currency caused the central bank to briefly increase interest rates to 500%. The response of the government was to cut spending and institute a multitude of reforms to improve Sweden's competitiveness, among them reducing the welfare state and privatising public services and goods. A referendum passed with 52.3% in favour of joining

670-518: A military campaign against Norway on 27 July 1814, ending in the Convention of Moss , which forced Norway into a personal union with Sweden under the Swedish crown, which lasted until 1905. The 1814 campaign was the last time Sweden was at war. The Swedish East India Company began in 1731. The obvious choice of home port was Gothenburg at Sweden's west coast, the mouth of Göta älv river

804-473: A personal union under King Magnus Eriksson, the grandson of King Magnus Ladulås of Sweden and of King Haakon V of Norway. Magnus Eriksson also ruled Scania from 1332 to 1360. In the mid-14th century, Sweden was struck by the Black Death . The population of Sweden and most of Europe was decimated. The population did not reach its pre-1348 levels until the beginning of the 19th century, with one third of

938-457: A Member State from applying its constitutional rules relating to due process, freedom of association, freedom of the press and freedom of expression in other media. Recital (13) No person should be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment. Article 1(3) This Framework Decision shall not have

1072-664: A cross-border dimension'. On that note, a package of directives (the so called 'ABC Directives'), which included for instance the Directive on the right to have access to a lawyer in criminal proceedings , has been adopted using the legal basis of Art. 82(2) TFEU. The aim was twofold: guaranteeing an effective minimum standard of protection of fundamental procedural rights and enhancing mutual trust between Member States thus facilitating mutual recognition. Sweden – in Europe  (green & dark grey) – in

1206-548: A discussion at EU level on the principle of proportionality which is outset in article 5 of the Treaty establishing the European Community and how to take this principle into consideration by judicial authorities when issuing a European arrest warrant. EAWs have been issued for minor offences such as possession of 0.45 grams of cannabis; theft of two car tyres; driving a car under the influence of alcohol, where

1340-502: A final decision within 60 days of the arrest. In 2011 the European Commission reported that the average time for the surrender of persons who consented was 16 days while the average time for those who did not consent was 48.6 days. A state wishing to prosecute a surrendered person for offences committed before his or her surrender, or extradite a surrendered person to a third state, must, subject to certain exception, obtain

1474-419: A non-extraditable offence once surrendered, or extradite the surrendered person to a third state for an offence which would not have been extraditable offence from the original executing state. By default the principle of 'specialty' applies to all persons surrendered pursuant to a European Arrest Warrant unless the executing judicial authority indicates otherwise. However this position may be reversed where both

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1608-476: A person for whom a European arrest warrant has been issued when there are reasons to believe, on the basis of objective elements, that the said arrest warrant has been issued for the purpose of prosecuting or punishing a person on the grounds of his or her sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation, or that that person's position may be prejudiced for any of these reasons. This Framework Decision does not prevent

1742-494: A rapid population growth. These innovations included government-sponsored programmes of enclosure , aggressive exploitation of agricultural lands, and the introduction of new crops such as the potato. The Swedish farming culture began to take on a critical role in Swedish politics, which has continued through modern times with modern Agrarian party (now called the Centre Party). Between 1870 and 1914, Sweden began developing

1876-457: A series of Crusades to pagan Finland and started conflicts with the Rus' , who by then had no further connections with Sweden. The Swedish colonisation of the coastal areas of Finland began in the 12th and 13th centuries. By the 14th century, this colonisation became more organised, and by the end of the century, several of the coastal areas of Finland were inhabited mostly by Swedes. Except for

2010-675: A sword, and a knife, and keeps each by him at all times. The swords are broad and grooved, of Frankish sort. The actions of these Swedish Vikings are commemorated on many runestones in Sweden, such as the Greece runestones and the Varangian runestones . There was also considerable participation in expeditions westwards, which are commemorated on stones such as the England runestones . The last major Swedish Viking expedition appears to have been

2144-616: A system run entirely by the judiciary. Since it was first implemented in 2004 the use of the EAW has risen. Member state country evaluation reports suggest that the number of EAWs issued has increased from approximately 3,000 in 2004 to 15,200 in 2009, but dropped back to 10,400 in 2013. Even though the system has reinforced the fight against organized crime, it is also considered "highly controversial" due to its potential for abuse. It, for instance, raises issues with constitutional law . Moreover, human rights organizations have expressed concerns about

2278-519: Is Stockholm . Sweden has a population of 10.6 million, and a low population density of 25.5 inhabitants per square kilometre (66/sq mi); 88% of Swedes reside in urban areas. They are mostly in the central and southern half of the country. Sweden's urban areas together cover 1.5% of its land area. Sweden has a diverse climate owing to the length of the country, which ranges from 55°N to 69°N . Sweden has been inhabited since prehistoric times , c.  12,000 BC . The inhabitants emerged as

2412-889: Is also a member of the United Nations , the Schengen Area , the Council of Europe , the Nordic Council , the World Trade Organization and the Organisation for Economic Co-operation and Development (OECD). The name for Sweden is generally agreed to derive from the Proto-Indo-European root * s(w)e , meaning "one's own", referring to one's own tribe from the tribal period. The native Swedish name, Sverige (a compound of

2546-479: Is an international agreement by which two or more countries agree to recognize one another's conformity assessments , decisions or results (for example certifications or test results). A mutual recognition arrangement is an international arrangement based on such an agreement. Countries involved in the agreement can designate for the scope of the agreement Conformity Assessment Bodies (CAB), laboratories and inspection bodies. MRAs have become increasingly common since

2680-459: Is carried out by considering several factors that can be used to determine whether issuing an EAW is justified. The introduction of the EAW system was intended to increase the speed and ease of extradition throughout EU countries by removing the political and administrative phases of decision-making which had characterised the previous system of extradition in Europe, and converting the process into

2814-453: Is covered with forests. The highest population density is in the Öresund Region in southern Sweden, along the western coast up to central Bohuslän, and in the valley of lake Mälaren and Stockholm. Gotland and Öland are Sweden's largest islands ; Vänern and Vättern are its largest lakes. Vänern is the third largest in Europe, after Lake Ladoga and Lake Onega in Russia. Combined with

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2948-405: Is no exception for political , military or revenue offences, and there is no exception clause allowing a state to refuse to surrender its own nationals. Double criminality is a feature of international extradition law by which states may refuse to extradite fugitives if the conduct which is alleged to have constituted a criminal offence in the state requesting extradition would not have resulted in

3082-643: Is required by the Framework Decision to execute the warrant. If the whereabouts of the person sought are known, the EAW may be transmitted directly to the designated central authority of that member state. Otherwise the issuing judicial authority may seek the assistance of the European Judicial Network in circulating the warrant, may seek to issue an alert under the Schengen Information System , or may seek

3216-460: Is silent as to whether secondary participation in, or an attempt to commit, an offence of the kind listed here itself excluded from the requirement for correspondence. Another issue which has arisen is the accuracy of a description of an offence as being in a category exempt from the requirement for correspondence, and whether the executing judicial authority is required to accept the issuing judicial authority's classification as definitive. Prior to

3350-489: Is sometimes considered as the foundation of modern Sweden . Shortly afterwards the new king rejected Catholicism and led Sweden into the Protestant Reformation . The term riksdag was used for the first time in the 1540s, although the first meeting where representatives of different social groups were called to discuss and determine affairs affecting the country as a whole took place as early as 1435, in

3484-402: Is very wide and has the county's largest and best harbour for high-seas journeys. The trade continued into the 19th century, and caused the little town to become Sweden's second city. Between 1750 and 1850, the population in Sweden doubled. According to some scholars, mass emigration to America became the only way to prevent famine and rebellion; over 1% of the population emigrated annually during

3618-572: The Svear and the Götar (Geats) of Götaland were united under a single ruler. In the former case, Svealand was first mentioned as having one single ruler in the year 98 by Tacitus, but it is almost impossible to know for how long it had been this way. The epic poem Beowulf describes semi-legendary Swedish-Geatish wars in the sixth century. However, historians typically start the line of Swedish monarchs from when Svealand and Götaland were ruled under

3752-502: The 2013 Stockholm riots . In response to these violent events, the anti-immigration opposition party, the Sweden Democrats , promoted their anti-immigration policies, while the left-wing opposition blamed growing inequality caused by the centre-right government's socioeconomic policies. Sweden was heavily affected by the 2015 European migrant crisis , eventually forcing the government to tighten regulations of entry to

3886-568: The Allerød oscillation , a warm period around 12,000 BC, with Late Palaeolithic reindeer -hunting camps of the Bromme culture at the edge of the ice in what is now the country's southernmost province, Scania . This period was characterised by small clans of hunter-gatherers who relied on flint technology. Sweden and its people were first described by Publius Cornelius Tacitus in his Germania (98 AD). In Germania 44 and 45 he mentions

4020-616: The Baltic Sea and Gulf of Bothnia , providing a long coastline, and forms the eastern part of the Scandinavian Peninsula . To the west is the Scandinavian mountain chain ( Skanderna ), a range that separates Sweden from Norway. Finland is located to its north-east. It has maritime borders with Denmark, Germany, Poland, Russia, Lithuania , Latvia and Estonia , and it is also linked to Denmark (south-west) by

4154-643: The Baltic countries , Russia, Belarus, Ukraine, the Black Sea and even as far as Baghdad . Their routes passed through the Dnieper south to Constantinople , on which they carried out numerous raids. The Byzantine Emperor Theophilos noticed their great skills in war, and invited them to serve as his personal bodyguard, known as the Varangian Guard . The Swedish Vikings, called Rus are believed to be

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4288-512: The Battle of Nördlingen in 1634, Sweden's only significant military defeat of the war, pro-Swedish sentiment among the German states faded. These German provinces broke away from Swedish power one by one, leaving Sweden with only a few northern German territories: Swedish Pomerania , Bremen-Verden and Wismar . From 1643 to 1645, during the last years of the war, Sweden and Denmark-Norway fought

4422-554: The European Union  (green)  –  [ Legend ] Sweden , formally the Kingdom of Sweden , is a Nordic country located on the Scandinavian Peninsula in Northern Europe . It borders Norway to the west and north, and Finland to the east. At 450,295 square kilometres (173,860 sq mi), Sweden is the largest Nordic country and the fifth-largest country in Europe. The capital and largest city

4556-745: The Geats (Swedish: Götar ) and Swedes ( Svear ), which together constituted the sea-faring peoples known as the Norsemen . A unified Swedish state was established during the late 10th century. In 1397, Sweden joined Norway and Denmark to form the Scandinavian Kalmar Union , which Sweden left in 1523. When Sweden became involved in the Thirty Years' War on the Protestant side, an expansion of its territories began, forming

4690-480: The Hanseatic League , and the local Gutes . Småland was of little interest at the time due to its deep pine forests, with only the city of Kalmar and its castle holding any significant importance. There were also Swedish settlements along the southern coastline of Norrland , one of the four lands of Sweden . Saint Ansgar is traditionally credited with introducing Christianity to Sweden in 829, but

4824-533: The House of Bernadotte , taking the regnal name of Charles XIV. Sweden's role in the Battle of Leipzig gave it the authority to force Denmark–Norway, an ally of France, to cede Norway to the King of Sweden on 14 January 1814 in exchange for the northern German provinces, at the Treaty of Kiel . The Norwegian attempts to keep their status as a sovereign state were rejected by the Swedish king, Charles XIII . He launched

4958-609: The International Accreditation Forum , use the term Multilateral Recognition Agreements in a similar sense. Mutual recognition is a cornerstone principle in the Area of freedom, security and justice (AFSJ) in the European Union (EU). The importance of mutual recognition as a key principle for promoting cooperation, coordination and trust among EU Member States within the AFSJ has been firstly recognized in

5092-688: The Marshall Plan and participated in the OECD. During most of the post-war era, the country was governed by the Swedish Social Democratic Party largely in co-operation with trade unions and industry. The government actively pursued an internationally competitive manufacturing sector of primarily large corporations. Sweden was one of the founding states of the European Free Trade Area (EFTA). During

5226-656: The Polish–Lithuanian Commonwealth in multiple conflicts. During the Thirty Years' War, Sweden conquered approximately half of the Holy Roman states and defeated the Imperial army at the Battle of Breitenfeld in 1631. Gustavus Adolphus planned to become the new Holy Roman Emperor , ruling over a united Scandinavia and the Holy Roman states, but he was killed at the Battle of Lützen in 1632. After

5360-613: The Swedish Empire , which remained one of the great powers of Europe until the early 18th century. During this era Sweden controlled much of the Baltic Sea . Most of the conquered territories outside the Scandinavian Peninsula were lost during the 18th and 19th centuries. The eastern half of Sweden, present-day Finland, was lost to Imperial Russia in 1809. The last war in which Sweden was directly involved

5494-479: The Torstenson War . The result of that conflict and the conclusion of the Thirty Years' War helped establish postwar Sweden as a major force in Europe. The Peace of Westphalia in 1648 granted Sweden territories in northern Germany. In the middle of the 17th century, Sweden was the third-largest country in Europe by land area. Sweden reached its largest territorial extent under the rule of Charles X after

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5628-573: The United Kingdom . By 1 November 2004, all member states had implemented the legislation except Italy , which did so on 22 April 2005. Bulgaria and Romania implemented the Decision on their accession in 2007. When the UK exercised its opt-out from the area of freedom, security and justice in 2014, its request to continue participating in the EAW was approved. There are several features of

5762-475: The Uppsala Synod in 1593 which officially confirmed the modern Church of Sweden as Lutheran . Following his deposition in 1599, Sigismund attempted to reclaim the throne sparing no expense, and hostilities between Poland and Sweden continued for the next hundred years. Sweden rose to prominence on a continental scale during the reign of king Gustavus Adolphus , seizing territories from Russia and

5896-629: The treaty of Roskilde in 1658, following Charles X's crossing of the Danish Belts . The foundation of Sweden's success during this period is credited to Gustav I's major changes to the Swedish economy in the 16th century, and his introduction of Protestantism . One-third of the Finnish population died in the devastating Great Famine of 1695–1697 that struck the country. Famine also hit Sweden, killing roughly 10% of Sweden's population. In

6030-408: The Öresund Bridge . Its border with Norway ( 1,619 km long) is the longest uninterrupted border within Europe. Sweden lies between latitudes 55° and 70° N , and mostly between longitudes 11° and 25° E (part of Stora Drammen island is just west of 11°). At 449,964 km (173,732 sq mi), Sweden is the 55th-largest country in the world, the fifth-largest country in Europe, and

6164-722: The Øresund channel, thus closing it to Allied shipping, and allowing the Germans to use Swedish facilities and the Swedish cipher to transmit secret messages to their overseas embassies. Sweden also allowed volunteers to fight alongside the Germans for the White Guards against the Red Guards and Russians in the Finnish Civil War , and briefly occupied Åland in cooperation with the German Empire. As in

6298-530: The 17th century, Sweden was engaged in many wars, for example with Poland–Lithuania, with both sides competing for territories of today's Baltic states . The Polish–Swedish War (1626–1629) ended with a ceasefire in Stary Targ ( Truce of Altmark ) on 26 September 1629 that was in favour of the Swedes, to whom Poland ceded the larger part of Livonia together with its important port of Riga . The Swedes also got

6432-486: The 1880s. It is thought that between 1850 and 1910 more than one million Swedes moved to the United States . Nevertheless, Sweden remained poor, retaining a nearly entirely agricultural economy even as Western European countries began to industrialise. Despite the slow rate of industrialisation into the 19th century, many important changes were taking place in the agrarian economy due to constant innovations and

6566-584: The 1960s the EFTA countries were often referred to as the Outer Seven, as opposed to the Inner Six of the then- European Economic Community (EEC). Like many industrialised countries, Sweden entered a period of economic decline and upheaval following the oil embargoes of 1973–74 and 1978–79. In the 1980s several key Swedish industries were significantly restructured. Shipbuilding was discontinued, wood pulp

6700-472: The 1995 Convention on the Transfer of Sentenced Persons . This has the effect of re-introducing the double-criminality requirement for Dutch nationals and permanent residents, as the conversion of a sentence imposed in an issuing state could not be converted into a comparable sentence by a Dutch court if the conduct constituting the criminal offence in the issuing state does not constitute a criminal offence in

6834-553: The 20th century, people gradually moved into cities to work in factories and became involved in socialist unions. A communist revolution was avoided in 1917, following the re-introduction of parliamentarism , and the country was democratised . Sweden was officially neutral during World War I . However, under pressure from the German Empire , they did take steps which were detrimental to the Allied powers – most notably, mining

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6968-601: The Chairman of the European Parliament's Committee on Citizens’ Rights and Freedoms, Justice and Home Affairs – MEP Graham Watson – piloted through Parliament an Own-Initiative Report calling for the creation of a European Arrest Warrant and proposing the structure and content of legislation to achieve it. The Report was adopted by Parliament on 5 September. Watson's initiative was welcomed by the EU's Justice and Home Affairs Commissioner, Antonio Vitorino. Its timing

7102-493: The Council of Ministers noted that EAWs had been issued for such offences as possession of 0.45 grams of cannabis, possession of 3 ecstasy tablets, theft of two car tyres, driving under the influence of alcohol where the limit was not significantly exceeded, and theft of a piglet.. The report concluded that it would be appropriate to have a discussion at EU level on the proportionate issuance of European Arrest Warrants. While

7236-449: The EAW. Such issues meddle with the idea of a high level of mutual trust between judicial authorities and hinder the objectives of the EAW. Article 3 of the Framework Decision which lists grounds upon which executing states must refuse to surrender a requested person does not expressly include any ground for refusing the surrender of a requested person if that surrender would infringe a person's human rights. However recitals (12) and (13) of

7370-581: The EU on 13 November 1994. Sweden joined the European Union on 1 January 1995. In a 2003 referendum the Swedish electorate voted against joining the Euro currency. Sweden held the chair of the European Union from 1 July to 31 December 2009. On 28 September 1994, the MS Estonia sank as the ship was crossing the Baltic Sea, en route from Tallinn, Estonia, to Stockholm, Sweden. The disaster claimed

7504-459: The EU. The issuing judicial authority must complete a form stating identity and nationality of the person sought, the nature and legal classification of the offence, the circumstances surrounding the alleged committal of the offence including when and where it was committed and the degree of participation of the person sought, and scale of penalties for the offence. Many member states have designated public prosecutors as their judicial authorities for

7638-407: The European Arrest Warrant which distinguish it from the treaties and arrangements which previously governed extradition between EU member states. EAWs are not issued through diplomatic channels, they can be executed for a wide variety of offences without any requirement that the offence to which the warrant relates corresponds to an offence under the law of the state asked to execute the warrant, there

7772-570: The First World War, Sweden remained officially neutral during World War II , although its neutrality has been disputed. Sweden was under German influence for much of the war, as ties to the rest of the world were cut off through blockades. The Swedish government unofficially supported Finland in the Winter War and the Continuation War by allowing volunteers and materiel to be shipped to Finland. However, Sweden supported Norwegian resistance against Germany, and in 1943 helped rescue Danish Jews from deportation to Nazi concentration camps . During

7906-437: The Hanseatic League, and entered its golden era, the fact that the peasantry had traditionally been free meant that more of the economic benefits flowed back to them rather than going to a feudal landowning class. The end of the 16th century was marked by a final phase of rivalry between the remaining Catholics and the new Protestant communities. In 1592, Gustav Vasa's Catholic grandson and king of Poland , Sigismund , ascended

8040-450: The Nazis' war efforts. Sweden was officially a neutral country and remained outside NATO and Warsaw Pact membership during the Cold War , but privately Sweden's leadership had strong ties with the United States and other western governments. Following the war, Sweden took advantage of an intact industrial base, social stability and its natural resources to expand its industry to supply the rebuilding of Europe. Sweden received aid under

8174-405: The Netherlands. The EAW Framework Decision sets out the reasons by which the executing judicial authority must or may refuse to surrender a person subject to an arrest warrant. Many member states have enacted other reasons by which surrender may be refused which are not referred to in the Framework Decision. Under the Framework Decision the executing judicial authority must refuse to surrender

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8308-399: The Roman Period is curt inscriptions demonstrating that the people of south Scandinavia spoke Proto-Norse at the time, a language ancestral to Swedish and other North Germanic languages . In the sixth century, Jordanes names two tribes living in Scandza , both of which are now considered to be synonymous with the Swedes: the Suetidi and Suehans . The Suehans were known to

8442-432: The Roman world as suppliers of black fox skins and, according to Jordanes, had very fine horses, similar to those of the Thyringi of Germania ( alia vero gens ibi moratur Suehans, quae velud Thyringi equis utuntur eximiis ). The Swedish Viking Age lasted roughly from the eighth century to the 11th century. It is believed that Swedish Vikings and Gutar mainly travelled east and south, going to Finland, Estonia,

8576-488: The Russian army at Poltava. The defeat meant the beginning of the end for the Swedish Empire. In addition, the plague raging in East Central Europe devastated the Swedish dominions and reached Central Sweden in 1710. Returning to Sweden in 1715, Charles XII launched two campaigns against Norway in 1716 and 1718, respectively. During the second attempt, he was shot to death during the siege of Fredriksten fortress. The Swedes were not militarily defeated at Fredriksten, but

8710-414: The Swedes ( Suiones ) as a powerful tribe with ships that had a prow at each end ( longships ). Which kings ( * kuningaz ) ruled these Suiones is unknown, but Norse mythology presents a long line of legendary and semi-legendary kings going back to the last centuries BC. The runic script was in use among the south Scandinavian elite by at least the second century AD, but all that has survived from

8844-401: The Swedish throne. He pursued to strengthen Rome's influence by initiating Counter-Reformation and created a dual monarchy that temporarily became known as the Polish-Swedish Union . His despotic rule, strongly characterised by intolerance towards the Protestants, sparked a civil war that plunged Sweden into poverty. In opposition, Sigismund's uncle and successor, Charles Vasa , summoned

8978-449: The Tampere Conclusions, adopted by the European Council in October 1999. In the AFSJ, the principle of mutual recognition entails that a decision of one Member State is recognized by and obtains legal force in another Member State based on a presumption of mutual trust. Member States trust the fact that within the Union all Member States comply with EU law and particularly with the fundamental rights recognised by EU law. The importance of

9112-399: The admissible grounds for refusal of the execution of a European Arrest Warrant. Under the 2009 framework decision, an executing judicial authority may refuse to execute a European Arrest Warrant unless the requested person: The 2009 Framework Decision should have been implemented by member states by 28 March 2011. However, even after the amendment, there are still significant issues with

9246-426: The adoption of the EAW Framework Decision in 2002, 11 of the then 15 member states – namely Austria, Belgium, Denmark, Finland, France, Germany, Greece, Luxembourg, Portugal, and Sweden — had domestic rules which prevented the extradition of their nationals. Although the Nordic EU members – Denmark, Finland, and Sweden – did allow the extradition of their nationals to each other and to other Nordic countries, they refused

9380-471: The application of Art. 4a(1). InAbsentiEAW research project has shown that there are significant differences between Member States in the execution as well as issuing of the EAW. The report has analyzed the judicial cooperation between several Member States and has concluded that issues with the application of Art. 4a(1) can cause delays, and extra costs, necessitating executing authorities to request supplementary information or even unjustified refusals to execute

9514-456: The area of present-day Sweden and 50,000 from the Finnish part of Sweden . Executive power was historically shared between the King and an aristocratic Privy council until 1680, followed by the King's autocratic rule initiated by the commoner estates of the Riksdag. As a reaction to the failed Great Northern War, a parliamentary system was introduced in 1719, followed by three different flavours of constitutional monarchy in 1772, 1789 and 1809,

9648-633: The canal. Sweden also has plenty of long rivers draining the lakes. Northern and central Sweden have several wide rivers known as älvar , commonly sourced within the Scandinavian Mountains. The longest river is Klarälven - Göta älv , which originates in Trøndelag in central Norway, running 1,160 kilometres (720 mi) before it enters the sea at Gothenburg . In southern Sweden, narrower rivers known as åar are also common. The vast majority of municipal seats are set either on

9782-496: The commission of a criminal offence in the state being asked to effect the extradition. Under the EAW Framework Decision, the requirement for double criminality is removed for a wide range of categories of crimes, and made a discretionary rather than a compulsory ground for a refusal to extradite for offences not falling within those categories. The categories within which are as follows: The Framework Decision

9916-409: The conduct of the member states since its enactment confirmed this interpretation. Unlike traditional extradition arrangements, EAWs need not be transmitted to any particular state. The intent of the Framework Decision is that EAWs be immediately recognised by all member states once issued. When a person subject of an EAW is found within the jurisdiction of a member state and arrested, that member state

10050-530: The country. Some of the asylum restrictions were relaxed again later. On 30 November 2021, Magdalena Andersson became Sweden's first female prime minister. The September 2022 general election ended in a narrow win to a bloc of right-wing parties. On 18 October 2022, Ulf Kristersson of the Moderate Party became the new Prime Minister. Situated in Northern Europe, Sweden lies west of

10184-581: The effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union. In 2006, 20 of the then 25 member states included text which was based on at least one of these provisions or which explicitly referred to the European Convention on Human Rights , in their domestic implementing legislation. The others took

10318-503: The extradition of both their nationals and the nationals of other Nordic countries elsewhere. In addition seven of the 12 member states which joined between 2004 and 2007 – namely Bulgaria, Cyprus, the Czech Republic, Latvia, Lithuania, Poland, and Slovenia – employed a similar prohibition prior to their accession. Under the Framework Decision, member states are precluded from refusing the surrender of their own nationals wanted for

10452-636: The first battles of the Great Northern War , the Russian army was so severely devastated that Sweden had an open chance to invade Russia. However, Charles XII did not pursue the Russian army, instead turning against Poland and defeating the Polish king, Augustus II the Strong , and his Saxon allies at the Battle of Kliszów in 1702. This gave Russia time to rebuild and modernise its army. After

10586-546: The following year. The European Arrest Warrant was established by an EU framework decision in 2002. Framework decisions were legal instruments of the third pillar of the European Community akin to directives and only take effect when implemented by EU member states by transposing them into their domestic law. The European Arrest Warrant replaced the 1957 European Convention on Extradition (ECE) which had previously governed extraditions between most member states, and various legal instruments which had been adopted to streamline

10720-422: The formation of the World Trade Organization in 1995. They have been forged within and among various trade blocs , including APEC and the European Union . MRAs are most commonly applied to goods , such as various quality control MRAs. However, the term is also applied to agreements on the recognition of professional qualifications and decisions relating to criminal matters. Accreditation Bodies, under

10854-516: The founders of Kievan Rus' . The Arab traveller Ibn Fadlan described these Vikings saying: I have seen the Rus as they came on their merchant journeys and encamped by the Itil . I have never seen more perfect physical specimens, tall as date palms, blond and ruddy; they wear neither tunics nor caftans, but the men wear a garment which covers one side of the body and leaves a hand free. Each man has an axe,

10988-547: The goal of European Integration in the AFSJ. Many European criminal law instruments, such as the European Arrest Warrant , have been adopted on the basis of the principle of mutual recognition. However, as stated in Article 82(2) TFEU , the EU legislator can also opt for the adoption of minimum harmonised rules 'to the extent necessary to facilitate mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters having

11122-653: The ill-fated expedition of Ingvar the Far-Travelled to Serkland , the region south-east of the Caspian Sea . Its members are commemorated on the Ingvar runestones , none of which mentions any survivor. During the early stages of the Viking Age, a centre of trade in northern Europe developed at Birka on the island of Björkö , not far from where Stockholm was later constructed, in mid-latitude Sweden. Birka

11256-638: The imprisonment of innocent persons, the disproportionality of the EAW and violations of procedural rights. Measures which sought to harmonise extradition rules across EU member states date from the mid-1990s when the EU instituted two treaties under the Maastricht Treaty which sought to streamline existing extradition procedures under the European Convention on Extradition . In 1999, the European Council further proposed to abolish formal extradition procedures for sentenced persons. In 2001,

11390-510: The industrialised economy that exists today. Strong grassroots movements sprang up in Sweden during the latter half of the 19th century (trade unions, temperance groups, and independent religious groups), creating a strong foundation of democratic principles. These movements precipitated Sweden's migration into a modern parliamentary democracy, achieved by the time of World War I. As the Industrial Revolution progressed during

11524-476: The issuing and the executing states have made declarations to that effect. The permission of the executing state is not required: Since its implementation in 2004, the EAW system has been occasionally criticised for inappropriate or disproportionate use. Following a report by an internal working party, the Presidency of the Council of the European Union suggested in 2007 that it would be appropriate to have

11658-506: The largest country in Northern Europe. The lowest elevation in Sweden is in the bay of Lake Hammarsjön, near Kristianstad , at −2.41 m (−7.91 ft) below sea level. The highest point is Kebnekaise at 2,111 m (6,926 ft) above sea level . Sweden has 25 provinces or landskap . While these provinces serve no political or administrative purpose, they play an important role in people's self-identity . The provinces are usually grouped together in three large lands , parts,

11792-500: The last year of the war, Sweden began to play a role in humanitarian efforts, and many refugees, among them several thousand Jews from Nazi-occupied Europe, were rescued thanks to the Swedish rescue missions to internment camps and partly because Sweden served as a haven for refugees. The Swedish diplomat Raoul Wallenberg and his colleagues ensured the safety of tens of thousands of Hungarian Jews. Nevertheless, both Swedes and others have argued that Sweden could have done more to oppose

11926-555: The latter granting several civil liberties. Already during the first of those three periods, the 'Era of Liberty' (1719–72) the Swedish Rikstag had developed into a very active Parliament, and this tradition continued into the nineteenth century, laying the basis for the transition towards modern democracy at the end of that century. In the 18th century, Sweden did not have enough resources to maintain its territories outside Scandinavia, and most of them were lost, culminating with

12060-423: The lifetime task of Charles X's son, Charles XI , to rebuild the economy and refit the army. His legacy to his son, the coming ruler of Sweden, Charles XII , was one of the finest arsenals in the world, a large standing army and a great fleet. Russia, the most serious threat to Sweden at this time, had a larger army but lagged far behind in both equipment and training. After the Battle of Narva in 1700, one of

12194-412: The likelihood of its success in different EU member states Puigdemont was travelling through. Mutual recognition Mutual recognition occurs when two or more countries or other institutions recognize one another's decisions or policies, for example in the field of conformity assessment , professional qualifications or in relation to criminal matters . A mutual recognition agreement ( MRA )

12328-463: The limit was not significantly exceeded (0.81 mg/L) and the theft of a piglet. In the UK, persons arrested under an EAW have been extradited for minor offences such as the stealing of ten chickens ( Romania ), unintentionally receiving a stolen mobile phone (Poland), and theft of £20 worth of petrol ( Czech Republic ). At the other extreme, the EAW has failed in some cases. The Irish Supreme Court refused to extradite an Irish citizen to Hungary who

12462-761: The lives of 852 people (501 of them were Swedes ), being one of the worst maritime disasters of the 20th century. Until 2022, Sweden generally remained non-aligned militarily, although it participated in some joint military exercises with the North Atlantic Treaty Organization (NATO) and some other countries, stationed its troops under NATO command in Afghanistan , took part in EU-sponsored peacekeeping operations in Kosovo , Bosnia and Herzegovina , and Cyprus , and helped enforce

12596-572: The loss in 1809 of eastern Sweden to Russia, which became the highly autonomous Grand Principality of Finland in Imperial Russia . In interest of re-establishing Swedish dominance in the Baltic Sea, Sweden allied itself against its traditional ally and benefactor, France, in the Napoleonic Wars . However, in 1810, a French Marshal, Jean-Baptiste Bernadotte , was chosen as heir presumptive to Charles XIII ; in 1818, he established

12730-450: The manner in which the arrest of a person the subject of an EAW is not specified in the Framework Decision, once arrested, he or she has the right to be informed of the warrant, its contents, and the person's right to consent to his or her surrender to the member state that issued the warrant. The Framework Decision also provides that the requested person have the right to the assistance of legal counsel and to an interpreter "in accordance with

12864-425: The national law of the executing Member State". The Framework Decision prescribes time limits for the making of a final decision to a surrender request. Where a requested person consents to his or her surrender, the executing judicial authority should make a final decision within ten days of such a consent. Where a requested person refuses to consent to his or her surrender, the executing judicial authority should make

12998-689: The new religion did not begin to fully replace paganism until the 12th century. During that century, Sweden was undergoing dynastic struggles between the Erik and Sverker clans. The conflict ended when a third clan married into the Erik clan, founding the Bjälbo dynasty, which gradually consolidated Sweden into a stronger state. According to the Legend of Saint Erik and the Erik's Chronicle , Swedish kings conducted

13132-611: The northern Norrland, the central Svealand and southern Götaland. The sparsely populated Norrland encompasses almost 60% of the country. Sweden also has the Vindelfjällen Nature Reserve , one of the largest protected areas in Europe, totaling 562,772 ha (approx. 5,628 km ). About 15% of Sweden lies north of the Arctic Circle . Southern Sweden is predominantly agricultural, with increasing forest coverage northward. Around 65% of Sweden's total land area

13266-453: The objections of Turkey and Hungary, Sweden became a NATO member on 7 March 2024. In recent decades Sweden has become a more culturally diverse nation due to significant immigration; in 2013, it was estimated that 15% of the population was foreign-born, and an additional 5% of the population were born to two immigrant parents. The influx of immigrants has brought new social challenges. Violent incidents have periodically occurred including

13400-445: The permission of the executing judicial authority. Such a request is made in the same form as a European Arrest Warrant, and granted or refused using the same rules which determine whether surrender would be granted or refused. This requirement is referred to as the principle of 'specialty' and is intended to ensure that a state cannot seek the surrender of a person for an extraditable offence whilst intending to prosecute that person for

13534-491: The population dying between 1349 and 1351. During this period, the cities began to acquire greater rights and were heavily influenced by German merchants of the Hanseatic League , active especially at Visby . In 1397, Queen Margaret I of Denmark (the former daughter-in-law of Magnus Eriksson) established the personal union of Sweden, Norway, and Denmark through the Kalmar Union . However, Margaret's successors, whose rule

13668-541: The population in Viking Age Birka was between 500 and 1000 people. Archaeological finds indicate that Birka still was wealthy in the 9th and 10th centuries. Thousands of graves, coins, jewelry and other luxury items have been found there. The actual age of the kingdom of Sweden is unknown. Determining its age depends mostly on whether Sweden is considered a nation when the Svear (Swedes) ruled Svealand or when

13802-400: The possibility for executing member states to request certain guarantees from issuing states prior to ordering the surrender of a requested person. Whether and how member states require such guarantees depends on the law of the member state in question. A European Arrest Warrant may only be issued by the competent judicial authority in an EU member state or a state with a special agreement with

13936-464: The preamble and Article 1(3) do refer to human rights: Recital (12) This Framework Decision respects fundamental rights and observes the principles recognised by Article 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union , in particular Chapter VI thereof. Nothing in this Framework Decision may be interpreted as prohibiting refusal to surrender

14070-559: The principles of mutual recognition and mutual trust was highlighted by the European Court of Justice in its Opinion 2/13 . In this Opinion, the Court specified that the presumption of mutual trust prevents a Member State from checking if another Member State comply with fundamental rights guaranteed by EU law, unless exceptional circumstances arise. Mutual recognition can represent an alternative to harmonisation in order to achieve

14204-610: The process of extradition under the ECE such as the 1989 agreement on the simplification of the transmission requests for extradition, the 1995 Convention on simplified extradition procedure, the 1996 Convention on extradition between Member States, and the provisions of the Schengen Agreement regarding extradition. The EAW Framework Decision came into force on 1 January 2004 in eight member states, namely Belgium , Denmark , Finland , Ireland , Portugal , Spain , Sweden , and

14338-557: The provinces of Scania, Blekinge, and Halland in the southwest of the Scandinavian peninsula, which were part of the Kingdom of Denmark during this period, feudalism never developed in Sweden as it did in much of Europe. As a result, the peasantry remained largely a class of free farmers throughout most of Swedish history. Slavery , also known as thralldom , was not common in Sweden, and the institution gradually diminished due to

14472-408: The purposes of prosecution, but they may condition the surrender of a requested person on his or her being returned to the issuing state to serve any sentence ultimately imposed. The Netherlands which requires issuing states to return both Dutch nationals and permanent residents, also requires issuing states to agree that any sentences imposed will be converted into those applicable under Dutch law using

14606-569: The purposes of the framework decision. Such designations have been questioned before the British and Irish courts on the basis that in order for an authority to be judicial it should be a court or judge. In both countries, the designated issuing authority is a judge. However the courts of each have rejected these arguments. In Assange v Swedish Prosecution Authority the High Court of England and Wales found that: [...] it cannot be said that

14740-418: The requested person if: Under the Framework Decision the executing judicial authority may refuse to surrender the requested person if: In 2009 the Council of Ministers amended the EAW framework decision with the express intention of "enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at

14874-626: The requirement that the person have "fled" the requesting jurisdiction has since been removed from Irish law, and a new warrant has been issued by the Hungarian authorities. In the case of Carles Puigdemont (alleged to have committed sedition by Spanish authorities in connection with the 2017 Catalan independence referendum ), some MEPs and legal commentators criticised the Spanish Government for appearing to have opportunistically issued and withdrawn his European Arrest Warrant based on

15008-655: The right to tax Poland's trade on the Baltic (3.5% on the value of goods), and kept control of many of the cities in Royal and Ducal Prussia (including Piława ( Pillau ), Memel and Elbląg (Elbing). The Swedes later conducted a series of invasions into the Polish–Lithuanian Commonwealth, known as the Deluge . After more than half a century of almost constant warfare, the Swedish economy had deteriorated. It became

15142-518: The same king, namely Erik the Victorious and his son Olof Skötkonung in the tenth century. These events are often described as the consolidation of Sweden , although substantial areas were conquered and incorporated later. In this context, "Götaland" primarily refers to the provinces of Östergötland and Västergötland . The island of Gotland was contested by various groups, including the Danes,

15276-439: The sea, a river or a lake and the majority of the country's population live in coastal municipalities. Most of Sweden has a temperate climate , despite its northern latitude , with largely four distinct seasons and mild temperatures throughout the year. The winter in the far south is usually weak and is manifested only through some shorter periods with snow and sub-zero temperatures; autumn may well turn into spring there, without

15410-402: The sentence has already been passed, an EAW can be issued only if the prison term to be enforced is at least four months long. Considering the severe consequences an EAW can have, it should always be proportional to its aim. This means that the judicial authority issuing an EAW should always carry out a proportionality check, before deciding on whether to issue it in the first place. Such a check

15544-415: The services of Interpol . The EAW Framework Decision requires that a warrant can only be issued when an offence is punishable by imprisonment or a detention order for a maximum period of at least one year, or in conviction cases, where the remaining term of imprisonment is four months or more. This can nonetheless include a wide variety of trivial offences. In 2007, a report commissioned by the Presidency of

15678-541: The singular form. In Old English the country was known as Swéoland or Swíoríce , and in Early Modern English as Swedeland . Some Finnic languages , such as Finnish and Estonian , use the terms Ruotsi and Rootsi ; these variations refer to the Rus' people who inhabited the coastal areas of Roslagen in Uppland and who gave their name to Russia. Sweden's prehistory begins in

15812-421: The spread of Christianity, the difficulty of obtaining slaves from lands east of the Baltic Sea, and by the development of cities before the 16th century. Indeed, both slavery and serfdom were abolished altogether by a decree of King Magnus Eriksson in 1335. Sweden remained a poor and economically underdeveloped country, where barter was the primary means of exchange. In 1319, Sweden and Norway were united in

15946-538: The success of invading Poland, Charles XII decided to make an attempt at invading Russia , but this ended in a decisive Russian victory at the Battle of Poltava in 1709. After a long march exposed to Cossack raids, the Russian Tsar Peter the Great 's scorched-earth techniques and the extremely cold winter of 1709 , the Swedes stood weakened with a shattered morale and were enormously outnumbered against

16080-421: The term judicial applies only to a judge who adjudicates. The differing European traditions recognise that others, including prosecutors, can be included within that term for various purposes. It is therefore entirely consistent with the principles of mutual recognition and mutual confidence to recognise as valid an EAW issued by a prosecuting authority designated under Article 6. To do otherwise would be to construe

16214-465: The third- and fourth-largest lakes Mälaren and Hjälmaren , these lakes take up a significant part of southern Sweden's area. Sweden's extensive waterway availability throughout the south was exploited with the building of the Göta Canal in the 19th century, shortening the potential distance between the Baltic Sea south of Norrköping and Gothenburg by using the lake and river network to facilitate

16348-516: The town of Arboga . During the Riksdag assemblies of 1527 and 1544, under King Gustav Vasa, representatives of all four estates of the realm (clergy, nobility , townsmen and peasants ) were called on to participate for the first time. The monarchy became hereditary in 1544. When Gustav Vasa broke the monopoly power of the Hanseatic League , he was regarded as a hero by the Swedish people. Furthermore, when Sweden did develop, freed itself from

16482-434: The trial". Framework Decision 2009/299/JHA deleted Art. 5(1) FD 2002/584/JHA and introduced Art. 4a. Article 4a introduced a ground for optional refusal to execute by the respective executing judicial authority. Art. 5(1) allowed the execution of a European Arrest Warrant dependant, on a guarantee by the issuing judicial authority concerning an opportunity for a retrial if the EAW was issued to enforce an in absentia decision. It

16616-558: The view that the rights exist independently from the Framework Decision. Fair Trials International (FTI), the London-based human rights non-governmental organisation, claims to have highlighted a number of cases which demonstrate that the European Arrest Warrant system is causing serious injustice and jeopardising the right to a fair trial. In particular, FTI allege that: The Framework Decision also establishes

16750-445: The whole structure and organisation of the campaign fell apart with the king's death. Forced to cede large areas of land in the Treaty of Nystad in 1721, Sweden also lost its place as an empire and as the dominant state on the Baltic Sea. With Sweden's lost influence, Russia emerged as an empire and became one of Europe's dominant nations . As the war finally ended in 1721, Sweden had lost an estimated 200,000 men, 150,000 of those from

16884-564: The word 'judicial' out of context and look at it simply through the eyes of a common law judge, who would not consider a prosecutor as having a judicial position or acting as a judicial authority. The position in some other Member States is different [...] On appeal, the UK's Supreme Court affirmed the decision of the High Court and found that, when comparing different language versions, the framework decision demonstrated an intention to regard public prosecutors as judicial authorities and that

17018-649: The words Svea and rike , first recorded in the cognate Swēorice in Beowulf ), translates as "realm of the Swedes ", which excluded the Geats in Götaland . The contemporary English variation was derived in the 17th century from Middle Dutch and Middle Low German . As early as 1287, references are found in Middle Dutch referring to a lande van sweden ("land of [the] Swedes"), with swede as

17152-500: Was alleged to have killed two children through negligent driving. While the Irish Court never questioned the facts of the case or the fairness or outcome of the Hungarian trial, it decided that the person did not technically "flee" from Hungary, only "failed to return", having left the country with the consent of the Hungarian authorities; therefore, the legal requirements for extradition under an EAW had not been established. However,

17286-620: Was centred in Denmark, were unable to control the Swedish nobility. In 1520, King Christian II of Denmark , who attempted to restore the Union of Kalmar through military force, ordered the massacre of Swedish nobles in Stockholm, an event known as the " Stockholm Bloodbath ." This atrocity incited the Swedish nobility to renew their resistance, and on 6 June 1523 (now celebrated as Sweden's National Day ), they made Gustav Vasa their king. This

17420-430: Was deemed necessary to replace the former Art. 5(1), because it left the assurance provided by the issuing authority up for the judgment to the executing judicial authority. In absentia trials have been problematic since the very beginning of the EAW, also since there was uncertainty as to what exactly entails the concept of “in absentia” in the Member States. The 2009 amendment besides introducing Art. 4a, has also specified

17554-633: Was founded around 750 AD as a trading port by a king or merchants trying to control trade. Birka was the Baltic link in the Dnieper Trade Route through Ladoga ( Aldeigja ) and Novgorod ( Holmsgard ) to the Byzantine Empire and the Abbasid Caliphate . It was abandoned c.  AD 975 , around the same time Sigtuna was founded as a Christian town some 35 km to the northeast. It has been estimated that

17688-517: Was in 1814, when Sweden by military means forced Norway into a personal union , a union which lasted until 1905. Sweden is a highly developed country ranked fifth in the Human Development Index . It is a constitutional monarchy and a parliamentary democracy, with legislative power vested in the 349-member unicameral Riksdag . It is a unitary state , divided into 21 counties and 290 municipalities . Sweden maintains

17822-411: Was integrated into modernised paper production, the steel industry was concentrated and specialised, and mechanical engineering was robotised. Swedish GDP per capita ranking declined during this time. A bursting real estate bubble caused by inadequate controls on lending combined with an international recession and a policy switch from anti-unemployment policies to anti-inflationary policies resulted in

17956-651: Was propitious, since only six days later, in the immediate aftermath of the September 11 attacks in the United States, these far-reaching proposals were taken up by the European Commission, which made a formal legislative proposal to Council and Parliament. The political decision to adopt the EAW legislation was made at the Laeken European Council in December 2001, the text being finally agreed in June of

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