The evolution of European Union criminal law (1957-2012)

was committed by a national abroad and the same acts do not constitute an offence
under Polish law. 795
Denmark introduced further grounds for refusal based on human rights related issues,
such as possible threat of torture, degrading treatment, violation of due process or
unreasonable humanitarian grounds. Likewise, Lithuania also can refuse extradition
when the “surrender of the person would be in breach of fundamental rights and (or )
liberty”. 796
As for the implementation of Article 4, relating to optional grounds for non-execution of
an EAW, the situation is very confusing. The Commission’s conclusions are telling:
“[...] many States have made these grounds for refusal mandatory. At the same time,
since this Article is optional some Member States have not transposed it at all. [...]
Hence the implementation of this article amounts to a patchwork which is contrary to
the Framework Decision.” 797
Furthermore, although several Member States introduced alterations to comply with the
Commission recommendations offered in its implementing reports in the light of these
incorrect implementations these did not cover in most cases the change in the grounds
for refusal as mentioned above. Protectionist national legislation hence continues in
force. 798
3. Mutual recognition after the EAW: a continuously expanding and punitive dynamic
with a more moderate approach
Regardless of the difficulties experienced, mutual recognition in the EU continued to be
expanded. Its aim continued to clearly be one of facilitating criminal investigation,
prosecution or securing and managing punishment. In some aspects, new measures
795 Ibid., 10. ‘Unofficial translation of the Polish provisions implementing Framework decision
2002/584/ JHA of 13 June 2002 on European Arrest Warrant and the surrender procedures
between Member States of the European Union.’ available at
http://www.asser.nl/default.aspxsite_id=8&level1=10789&level2=10837&level3=11089&textid
=30333
796 Ibid., 9. See the Criminal Code of the Republic of Lithuania (Zin., 2000, No. 89-2741).
797 European Commission, Commission Staff Working, supra note 731.
798 European Commission Report COM(2011)175 final, supra note 736, 6-8.
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