The STREAM project was launched in 2021 to encourage coherence in the use of EAW by promoting a better understanding of the criminal justice rules and safeguards applying to the different phases of the surrender proceedings.

The ECBA took part in this project alongside renowned stakeholders in this field such as the Centre for European Policy Studies [CEPS], the European Institute of Public Administration [EIPA], Fair Trials Europe and Agenfor International. The ECBA brought its practical experience and knowledge to the approach of the project by providing a compilation of national case law.

The project culminated in a EU jurisprudential observatory monitoring questions of interpretation and challenges encountered in implementing EAW. The STREAM Repository of EU case-law is now available on the STREAM project website. There you will find detailed analytical case notes of the most recent and important CJEU judgements, case summaries covering key issues of mutual recognition, protection of fundamental rights and the rule of law, and a list of all the relevant case law.

The STREAM observatory  also provides for a selection of national case law in 14 member states. With a customable search tool and case summaries is in English this observatory is a useful tool for any practitioner in this area.

To further enhance and spread the understanding of EAW mechanism the STREAM project offers an online training tool composed of 10 modules on key topics such as issuing judicial authority, detention conditions, fair trial or trial in absencia. These free e-training modules based on case studies are available in 12 languages. While targeted toward judicial authorities they provide useful insider tip to defence lawyers.

The defence toolkits assists defence lawyers involved in EAW proceedings by providing comparative legal research in 4 areas such as the right to access case file, the right to judicial review, the right to interpretation and translation and the right to a lawyer and legal aid.

The STREAM project presents as an interesting one stop shop of the most relevant EAW case-law in the selected EU Member States paying particular attention to the relationship between mutual recognition, fundamental rights and the rule of law.

For more information visit https://stream-eaw.eu/

The European Arrest Warrant [EAW] is the flagship instrument of mutual recognition in European criminal law. Since its entry into force on 1st January 2004 the ECBA has followed the development of this instrument closely. The ECBA and its EAW working group have  made submissions and representations about the problems encountered by defendants in such proceedings, and in particular the violations of fundamental rights in which such proceedings can result.

In line with the ECBA’s objectives, the project leads disseminate information on the EAW framework, promote good practice among defence lawyers involved in EAW proceedings and assemble a network of practitioners. Members regularly take part in training courses (jointly with EAW) and participate in the monthly meetings with the WG to discuss recent case law.

The ECBA EAW Handbook stems from the ECBA’s aim to provide practitioners with a preliminary guide about what an EAW is and how to defend it. You can consult it here. This is an ongoing project supplemented and updated by the working group. The core of the handbook is available in multiple languages. The working group is currently working on an updated version of the handbook and national chapters.

The key work the ECBA has conducted in this area includes:

1. ECBA Handbook on the EAW for Defence Lawyers – following the recommendations of the 2012 study, the ECBA, with contribution from JUSTICE, has produced a Handbook for practitioners on how to defend an EAW. The General Part on EU Law is available on-line on a dedicated website and also as a downloadable PDF 
2. Partnership with EIPA Luxembourg - European Centre for Judges and Lawyers (ECJL) Training Intersections of the Application of the European Arrest Warrant and the Protection of Fundamental Rights
3. Partnership with the Academy of European Law / Europäische Rechtsakademie (ERA) Training EU Criminal Law for Defence Counsel – Focus on the European Arrest Warrant, partly funded by the European Commission
4. Study “European Arrest Warrants - Ensuring and Effective Defence” - joint ECBA, JUSTICE and ICJ study and partly funded by the European Commission – the report was published in 2012 and was the culmination of a two year study reviewing defence of EAW's in practice in ten EU member states.
5. E-Learning Course for Academy of European Law / Europäische Rechtsakademie (ERA) The European Arrest Warrant: 10 Key Questions for Defence Counsel
6. Attending expert meetings, providing information about problems encountered by defence lawyers and campaigning for procedural safeguards to protect the rights of citizens throughout the EU
7. The European Arrest Warrant Project Website – providing practical information to defence lawyers and the public about the adoption of the framework decision in each member state and as a resource of case law.