the European arrest warrant - Statewatch

Chapter IV – Grounds for refusal to surrender
Article 33 - Principle of integration
1. The execution of a European arrest warrant in respect of a requested person may be
refused if this person would have better possibilities of reintegration in the executing
Member State, and if he or she consents to serve the sentence in this Member State.
In that case, the sentence pronounced in the issuing Member State shall be served in
the executing Member State in accordance with the laws of the latter Member State.
The sentence pronounced in the issuing Member State shall not be substituted by a
sanction prescribed by the law of the executing Member State for the same offence.
2. The final judgement on the basis of which the European arrest warrant was issued, as
well as all the necessary documents shall be transmitted to the competent judicial
authority of the executing Member State in order to enable the execution of the
sentence.
Article 34 - Videoconference
1. The executing judicial authority may refrain from surrending the requested person if:
(a)
(b)
it is possible by means of a videoconference system for the requested person to
take part from a place in the executing Member State in criminal proceedings
conducted in the issuing Member State; .
the executing Member State and the issuing Member State accept such
proceedings.
The proceedings shall be conducted in accordance with the national law of the
Member States concerned and relevant international instruments, including the 1950
European Convention for the Protection of Human rights and fundamental freedoms.
2. The detailed arrangements for those proceedings shall be agreed between the
executing judicial authority and the issuing judicial authority.
3. In case of application of paragraph 1, the executing judicial authority shall decide, in
conformity with the provisions of its national law, on the detention of the requested
person.
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