The right to damages after surrender under the European Arrest Warrant
Almost all EU member states have certain rules to ensure the defendant a right to damages for the time in custody as well as damages for other measures taken during police investigation when a criminal case ends with non-prosecution or acquittal. The EAW lacks similar rules.
In his Ph.D. project, Henning Sørensen examines how a defendant can claim damages after a surrender under the EAW by examining national legislation in four member states, primary and secondary EU legislation and the protection of fundamental rights. The project will document how the special construction of EU criminal law as partly supranational and partly a matter between the member states without EU involvement leads to a situation where the protection of fundamental rights seems to be reduced to an absolute minimum - despite the importance this protection is given in the criminal procedures in the member states. Even though all the member states claim to be rule-of-law states just as the EU claims to be a rule-of-law-Union, the protection of fundamental rights under EU criminal law seems to be non-existing.
Henning Fuglsang Sørensen is a Ph.D. fellow at the University of Aarhus. He acquired an LLM and a MSc (Econ) and worked at the office of the district attorney before starting his Ph.D. project. Processing the claims for damages from acquitted or non-prosecuted defendants was one of his major tasks, and the idea to the Ph.D. project was thus fostered by speculations about how to handle these claims if they were based on EU and not only Danish criminal law. During the month of May, Henning Sørensen is a visiting researcher at ACELG.
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