Abstract

ROZO ACUNA, Eduardo. NOTES IN THE FROM THE OBJECTIVES SET BY EUROPEAN MANDAMUN OF ARREST WARRANT AND HAND OVER. Estud. Socio-Juríd [online]. 2002, vol.4, n.2, pp.19-42. ISSN 0124-0579.

The article set support the reasons for a new institution established by the European Union to avoid impunity, especially on transnational illegal actions and organized crime. By the same token, it studies the international agreements of Maastricht and Amsterdam as bedrock for building a block of nations with common purposes. The article covers the reach and characteristics of the mandamus by which it is avoid the obstacles set by the passive and active extradition and those generated by justice administration by representation or universal statute. The mandamus also assures the efficiency of crime repression and provides the security demanded by Europeans citizens over their belongings. Additionally, the article refers to the individual internal modifications to incorporate the new institution as well as the need to elaborate the list of crimes that will be out of the application of the mandamus. It also informs about the due process guarantees as double jeopardy, amnesty, statute of limitations, sufficient information, rehabilitation and the exceptional situation in which a searched person is not hand over. The European mandamus of arrest warrant appears as a third common foundation: "The European Judicial Space" as a consequence of the European Territorial Space obtained by the Schengen agreement related to the free circulation of people among state members. Finally, the Italy case is treated in two forms. First, it needs to place some internal reforms to adopt the mandamus and second, it offers a special attention due to different judicial process in which have been involved government members.

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