The European Union Criminal Law is now developing rapidly, but apparently the development of the rights of the suspect goes at a far more modest pace. This is partly due to uncertainties regarding the distribution of the responsibility between the member states, which here is exemplified by the suspects right to damages for being surrendered on an European Arrest Warrant followed by acquittal or pre-trial termination of the criminal case.
By Henning Fuglsang Sørensen
A man enters the Schengen Area, but is immediately arrested because a European Arrest Warrant (EAW) with his name has been issued by another member state. He is however released already the next day, as the issuing member state has apologized to the arresting member state for having forgotten to withdraw the EAW since it is no longer valid.