Onward Transfer under the European Arrest Warrant: Is the EU Moving towards the Free Movement of Prisoners?

Abstract

Neither the European Arrest Warrant Framework Decision (EAW FD) nor its predecessors provide clear rules on which authorities retain control over the onward transfer of surrendered suspects. In the West judgment, the Court of Justice resolved this question by limiting the originating state's powers of control in successive surrender proceedings. This article examines onward transfer rules in the EAW FD and preceding European instruments. It considers the ruling in West and its implications for the EU system of surrender. A new right not to be transferred appears to be emerging as a general principle of EU law. If accepted as a general principle, the right not to be transferred will provide genuine added value beyond existing human rights instruments and defence rights legislation.