Can The European Arrest Warrant (‘EAW') Bring About Political Change?

The EAW was introduced in 2004 in order to streamline the extradition of wanted persons between EU member states. Unlike extradition requests from countries outside the EU, EAW requests are made through judicial channels rather than through government departments. However, despite it being a purely legal instrument, through decisions of the courts in extradition cases, there have been wider implications in political policies.

The UK has undoubtedly been the driving force in challenging other member states on the compliance of their prison estates with Article 3 of the European Convention on Human Rights. The UK courts have previously refused extradition, or asked for further information on prison conditions, from countries such as Italy, Bulgaria, Belgium, Hungary, Romania, Lithuania and Portugal.

This has resulted in issuing states engaging with the UK extradition...