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125-504: An EAW issued by one of the Member States is valid in the entire territory of the EU. The mechanism is based on the principle of mutual recognition . An EAW can be issued only for the purposes of conducting a criminal prosecution (not merely an investigation), or for enforcing a custodial sentence . It can be issued only for offences carrying a minimum penalty of one year or more in prison. Where

250-803: A fair trial . The English monarchs, through inheritance of substantial territories in France and claims to the French crown, were also heavily involved in conflicts in France, most notably the Hundred Years' War , while the Kings of Scots were in an alliance with the French during this period. Early modern Britain saw religious conflict resulting from the Reformation and the introduction of Protestant state churches in each country. The English Reformation ushered in political, constitutional, social and cultural change in

375-509: A subpolar oceanic climate . Higher elevations in Scotland experience a continental subarctic climate and the mountains experience a tundra climate . The prevailing wind is from the southwest and bears frequent spells of mild and wet weather from the Atlantic Ocean, although the eastern parts are mostly sheltered from this wind. Since the majority of the rain falls over the western regions,

500-587: A welfare state was established, and a comprehensive, publicly funded healthcare system, the National Health Service , was created. The rise of nationalism in the colonies coincided with Britain's much-diminished economic position, so that a policy of decolonisation was unavoidable. Independence was granted to India and Pakistan in 1947. Over the next three decades, most colonies of the British Empire gained their independence, and many became members of

625-457: A Member State from applying its constitutional rules relating to due process, freedom of association, freedom of the press and freedom of expression in other media. Recital (13) No person should be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment. Article 1(3) This Framework Decision shall not have

750-626: A cross-border dimension'. On that note, a package of directives (the so called 'ABC Directives'), which included for instance the Directive on the right to have access to a lawyer in criminal proceedings , has been adopted using the legal basis of Art. 82(2) TFEU. The aim was twofold: guaranteeing an effective minimum standard of protection of fundamental procedural rights and enhancing mutual trust between Member States thus facilitating mutual recognition. United Kingdom The United Kingdom of Great Britain and Northern Ireland , commonly known as

875-536: A discussion at EU level on the principle of proportionality which is outset in article 5 of the Treaty establishing the European Community and how to take this principle into consideration by judicial authorities when issuing a European arrest warrant. EAWs have been issued for minor offences such as possession of 0.45 grams of cannabis; theft of two car tyres; driving a car under the influence of alcohol, where

1000-493: A final decision within 60 days of the arrest. In 2011 the European Commission reported that the average time for the surrender of persons who consented was 16 days while the average time for those who did not consent was 48.6 days. A state wishing to prosecute a surrendered person for offences committed before his or her surrender, or extradite a surrendered person to a third state, must, subject to certain exception, obtain

1125-774: A land border with the Republic of Ireland ; otherwise, the United Kingdom is surrounded by the Atlantic Ocean , the North Sea , the English Channel , the Celtic Sea , and the Irish Sea . The United Kingdom had an estimated population of over 68.2 million people in 2023. The capital and largest city of both England and the United Kingdom is London , whose wider metropolitan area is

1250-399: A leading role in the movement to abolish slavery worldwide through the blockade of Africa and pressing other nations to end their trade with a series of treaties. In 1800 the parliaments of Great Britain and Ireland each passed an Act of Union, uniting the two kingdoms and creating the United Kingdom of Great Britain and Ireland on 1 January 1801. After the defeat of France at the end of

1375-419: A non-extraditable offence once surrendered, or extradite the surrendered person to a third state for an offence which would not have been extraditable offence from the original executing state. By default the principle of 'specialty' applies to all persons surrendered pursuant to a European Arrest Warrant unless the executing judicial authority indicates otherwise. However this position may be reversed where both

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1500-476: A person for whom a European arrest warrant has been issued when there are reasons to believe, on the basis of objective elements, that the said arrest warrant has been issued for the purpose of prosecuting or punishing a person on the grounds of his or her sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation, or that that person's position may be prejudiced for any of these reasons. This Framework Decision does not prevent

1625-818: A policy of splendid isolation in Europe, and attempted to contain Russian influence in Afghanistan and Persia , in what came to be known as the Great Game . During this time, Canada , Australia and New Zealand were granted self-governing dominion status. At the turn of the century, Britain's industrial dominance became challenged by the German Empire and the United States . The Edwardian era saw social reform and home rule for Ireland become important domestic issues, while

1750-504: A result of a shortage of workers in the 1950s, the government encouraged immigration from Commonwealth countries . In the following decades, the UK became a more multi-ethnic society. Despite rising living standards in the late 1950s and 1960s, the UK's economic performance was less successful than many of its main competitors such as France, West Germany and Japan. The UK was the first democratic nation to lower its voting age to 18 in 1969. In

1875-777: A series of connected wars (including the English Civil War ) which led to the temporary overthrow of the monarchy, with the execution of King Charles I , and the establishment of the short-lived unitary republic of the Commonwealth of England , Scotland and Ireland. Although the monarchy was restored , the Interregnum along with the Glorious Revolution of 1688 and the subsequent Bill of Rights 1689 in England and Claim of Right Act 1689 in Scotland ensured that, unlike much of

2000-613: A system run entirely by the judiciary. Since it was first implemented in 2004 the use of the EAW has risen. Member state country evaluation reports suggest that the number of EAWs issued has increased from approximately 3,000 in 2004 to 15,200 in 2009, but dropped back to 10,400 in 2013. Even though the system has reinforced the fight against organized crime, it is also considered "highly controversial" due to its potential for abuse. It, for instance, raises issues with constitutional law . Moreover, human rights organizations have expressed concerns about

2125-479: Is an international agreement by which two or more countries agree to recognize one another's conformity assessments , decisions or results (for example certifications or test results). A mutual recognition arrangement is an international arrangement based on such an agreement. Countries involved in the agreement can designate for the scope of the agreement Conformity Assessment Bodies (CAB), laboratories and inspection bodies. MRAs have become increasingly common since

2250-406: Is carried out by considering several factors that can be used to determine whether issuing an EAW is justified. The introduction of the EAW system was intended to increase the speed and ease of extradition throughout EU countries by removing the political and administrative phases of decision-making which had characterised the previous system of extradition in Europe, and converting the process into

2375-405: Is no exception for political , military or revenue offences, and there is no exception clause allowing a state to refuse to surrender its own nationals. Double criminality is a feature of international extradition law by which states may refuse to extradite fugitives if the conduct which is alleged to have constituted a criminal offence in the state requesting extradition would not have resulted in

2500-481: Is only the one specific nominal term 'Great Britain' which invariably excludes Northern Ireland". The BBC historically preferred to use "Britain" as shorthand only for Great Britain, though the present style guide does not take a position except that "Great Britain" excludes Northern Ireland. The adjective "British" is commonly used to refer to matters relating to the United Kingdom and is used in law to refer to United Kingdom citizenship and nationality . People of

2625-525: Is ranked 2nd out of 180 countries in the Environmental Performance Index . A law has been passed that UK greenhouse gas emissions will be net zero by 2050. England accounts for 53 per cent of the UK, covering 50,350 square miles (130,395 km ). Most of the country consists of lowland terrain, with upland and mountainous terrain northwest of the Tees–Exe line which roughly divides

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2750-613: Is required by the Framework Decision to execute the warrant. If the whereabouts of the person sought are known, the EAW may be transmitted directly to the designated central authority of that member state. Otherwise the issuing judicial authority may seek the assistance of the European Judicial Network in circulating the warrant, may seek to issue an alert under the Schengen Information System , or may seek

2875-460: Is silent as to whether secondary participation in, or an attempt to commit, an offence of the kind listed here itself excluded from the requirement for correspondence. Another issue which has arisen is the accuracy of a description of an offence as being in a category exempt from the requirement for correspondence, and whether the executing judicial authority is required to accept the issuing judicial authority's classification as definitive. Prior to

3000-592: Is sometimes used as a loose synonym for the United Kingdom as a whole. The word England is occasionally used incorrectly to refer to the United Kingdom as a whole, a mistake principally made by people from outside the UK. The term "Britain" is used as a synonym for Great Britain , but also sometimes for the United Kingdom. Usage is mixed: the UK Government prefers to use the term "UK" rather than "Britain" or "British" on its website (except when referring to embassies), while acknowledging that both terms refer to

3125-565: Is the Isle of Wight . Scotland accounts for 32 per cent of the UK, covering 30,410 square miles (78,772 km ). This includes nearly 800 islands , notably the Hebrides , Orkney Islands and Shetland Islands. Scotland is the most mountainous constituent country of the UK, the Highlands to the north and west are the more rugged region containing the majority of Scotland's mountainous land, including

3250-572: The 1884 Reform Act championed by William Gladstone granting suffrage to a majority of males for the first time. The British population increased at a dramatic rate, accompanied by rapid urbanisation , causing significant social and economic stresses. By the late 19th century, the Conservatives under Benjamin Disraeli and Lord Salisbury initiated a period of imperial expansion in Africa , maintained

3375-524: The Atlantic slave trade , mainly between 1662 and 1807 when British or British-colonial slave ships transported nearly 3.3 million slaves from Africa. The slaves were taken to work on plantations , principally in the Caribbean but also North America . However, with pressure from the abolitionism movement , Parliament banned the trade in 1807, banned slavery in the British Empire in 1833, and Britain took

3500-624: The Battle of Culloden in 1746, after which the Scottish Highlanders were forcibly assimilated into Scotland by revoking the feudal independence of clan chiefs . The British colonies in North America that broke away in the American War of Independence became the United States . British imperial ambition turned towards Asia, particularly to India . British merchants played a leading part in

3625-693: The Cairngorms , Loch Lomond and The Trossachs and Ben Nevis which at 1,345 metres (4,413 ft) is the highest point in the British Isles. Wales accounts for less than 9 per cent of the UK, covering 8,020 square miles (20,779 km ). Wales is mostly mountainous, though South Wales is less mountainous than North and mid Wales . The highest mountains in Wales are in Snowdonia and include Snowdon ( Welsh : Yr Wyddfa ) which, at 1,085 metres (3,560 ft),

3750-512: The Commonwealth of Nations . The UK was the third country to develop a nuclear weapons arsenal (with its first atomic bomb test, Operation Hurricane , in 1952), but the post-war limits of Britain's international role were illustrated by the Suez Crisis of 1956. The international spread of the English language ensured the continuing international influence of its literature and culture . As

3875-731: The European Convention on Human Rights . The UK remained a great power with global diplomatic and military influence and a leading role in the United Nations and NATO . The UK broadly supported the United States' approach to the " war on terror " in the early 21st century. British troops fought in the War in Afghanistan , but controversy surrounded Britain's military deployment in Iraq , which saw

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4000-568: The European Union (EU) in 1992, the UK was one of the 12 founding member states. From the late 1960s, Northern Ireland suffered communal and paramilitary violence (sometimes affecting other parts of the UK) conventionally known as the Troubles . It is usually considered to have ended with the 1998 Belfast "Good Friday" Agreement . Following a period of widespread economic slowdown and industrial strife in

4125-486: The Falkland Islands , leading to the 10-week Falklands War in which Argentine forces were defeated. The inhabitants of the islands are predominantly descendants of British settlers, and strongly favour British sovereignty, expressed in a 2013 referendum . From 1984, the UK economy was helped by the inflow of substantial North Sea oil revenues. Another British overseas territory, Gibraltar , ceded to Great Britain in

4250-527: The French Revolutionary Wars and Napoleonic Wars (1792–1815), the United Kingdom emerged as the principal naval and imperial power (with London the largest city in the world from about 1830). Unchallenged at sea , British dominance was later described as Pax Britannica ("British Peace"), a period of relative peace among the great powers (1815–1914) during which the British Empire became

4375-588: The International Accreditation Forum , use the term Multilateral Recognition Agreements in a similar sense. Mutual recognition is a cornerstone principle in the Area of freedom, security and justice (AFSJ) in the European Union (EU). The importance of mutual recognition as a key principle for promoting cooperation, coordination and trust among EU Member States within the AFSJ has been firstly recognized in

4500-649: The Kingdom of England and the Kingdom of Scotland united under the Treaty of Union to create the Kingdom of Great Britain . The Acts of Union 1800 incorporated the Kingdom of Ireland to create the United Kingdom of Great Britain and Ireland in 1801. Most of Ireland seceded from the UK in 1922 as the Irish Free State , and the Royal and Parliamentary Titles Act 1927 created the present United Kingdom. The UK became

4625-630: The Labour Party emerged from an alliance of trade unions and small socialist groups in 1900, and suffragettes campaigned for women's right to vote. Britain was one of the principal Allies that defeated the Central Powers in the First World War (1914–1918). Alongside their French, Russian and (after 1917) American counterparts, British armed forces were engaged across much of the British Empire and in several regions of Europe, particularly on

4750-622: The Representation of the People Act 1918 . After the war, Britain became a permanent member of the Executive Council of the League of Nations and received a mandate over a number of former German and Ottoman colonies. Under the leadership of David Lloyd George , the British Empire reached its greatest extent, covering a fifth of the world's land surface and a quarter of its population. By

4875-925: The Soviet Union formed in 1941, leading the Allies against the Axis powers . There were eventual hard-fought victories in the Battle of the Atlantic , the North Africa campaign and the Italian campaign . British forces played important roles in the Normandy landings of 1944 and the liberation of Europe . The British Army led the Burma campaign against Japan, and the British Pacific Fleet fought Japan at sea. British scientists contributed to

5000-568: The United Kingdom ( UK ) or Britain , is a country in Northwestern Europe , off the coast of the continental mainland . It comprises England , Scotland , Wales , and Northern Ireland . The UK includes the island of Great Britain , the north-eastern part of the island of Ireland , and most of the smaller islands within the British Isles , making up a total area of 94,354 square miles (244,376 km ). Northern Ireland shares

5125-457: The United Kingdom . By 1 November 2004, all member states had implemented the legislation except Italy , which did so on 22 April 2005. Bulgaria and Romania implemented the Decision on their accession in 2007. When the UK exercised its opt-out from the area of freedom, security and justice in 2014, its request to continue participating in the EAW was approved. There are several features of

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5250-504: The Western Front . The high fatalities of trench warfare caused the loss of much of a generation of men, with lasting social effects in the nation and a great disruption in the social order. Britain had suffered 2.5 million casualties and finished the war with a huge national debt. The consequences of the war persuaded the government to expand the right to vote in national and local elections to all adult men and most adult women with

5375-464: The coastline paradox . It is connected to continental Europe by the Channel Tunnel , which at 31 miles (50 km) (24 miles (38 km) underwater) is the longest underwater tunnel in the world. The UK contains four terrestrial ecoregions: Celtic broadleaf forests , English Lowlands beech forests , North Atlantic moist mixed forests , and Caledonian conifer forests . The area of woodland in

5500-486: The largest protest in British history in opposition to the government led by Tony Blair . The Great Recession severely affected the UK economy. The Cameron–Clegg coalition government of 2010 introduced austerity measures intended to tackle the substantial public deficits. Studies have suggested that policy led to significant social disruption and suffering. A referendum on Scottish independence in 2014 resulted in

5625-512: The 16th century and established the Church of England . Moreover, it defined a national identity for England and slowly, but profoundly, changed people's religious beliefs. Wales was fully incorporated into the Kingdom of England , and Ireland was constituted as a kingdom in personal union with the English crown. In what was to become Northern Ireland, the lands of the independent Catholic Gaelic nobility were confiscated and given to Protestant settlers from England and Scotland. In 1603,

5750-401: The 1713 Treaty of Utrecht, is a key military base . A referendum in 2002 on shared sovereignty with Spain was rejected by 98.97% of voters in the territory. Around the end of the 20th century, there were major changes to the governance of the UK with the establishment of devolved administrations for Scotland, Wales and Northern Ireland. The statutory incorporation followed acceptance of

5875-406: The 1970s, the Conservative government of the 1980s led by Margaret Thatcher initiated a radical policy of monetarism , deregulation, particularly of the financial sector (for example, the Big Bang in 1986) and labour markets, the sale of state-owned companies (privatisation), and the withdrawal of subsidies to others. In 1982, Argentina invaded the British territories of South Georgia and

6000-416: The 1995 Convention on the Transfer of Sentenced Persons . This has the effect of re-introducing the double-criminality requirement for Dutch nationals and permanent residents, as the conversion of a sentence imposed in an issuing state could not be converted into a comparable sentence by a Dutch court if the conduct constituting the criminal offence in the issuing state does not constitute a criminal offence in

6125-476: The 5th century) united with the Picts to create the Kingdom of Scotland in the 9th century. In 1066, the Normans invaded England from northern France. After conquering England , they seized large parts of Wales , conquered much of Ireland and were invited to settle in Scotland, bringing to each country feudalism on the Northern French model and Norman-French culture. The Anglo-Norman ruling class greatly influenced, but eventually assimilated with,

6250-464: The Brittonic area mainly to what was to become Wales , Cornwall and, until the latter stages of the Anglo-Saxon settlement, the Hen Ogledd (northern England and parts of southern Scotland). Most of the region settled by the Anglo-Saxons became unified as the Kingdom of England in the 10th century. Meanwhile, Gaelic speakers in north-west Britain (with connections to the north-east of Ireland and traditionally supposed to have migrated from there in

6375-474: The Chairman of the European Parliament's Committee on Citizens’ Rights and Freedoms, Justice and Home Affairs – MEP Graham Watson – piloted through Parliament an Own-Initiative Report calling for the creation of a European Arrest Warrant and proposing the structure and content of legislation to achieve it. The Report was adopted by Parliament on 5 September. Watson's initiative was welcomed by the EU's Justice and Home Affairs Commissioner, Antonio Vitorino. Its timing

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6500-438: The Council of Ministers noted that EAWs had been issued for such offences as possession of 0.45 grams of cannabis, possession of 3 ecstasy tablets, theft of two car tyres, driving under the influence of alcohol where the limit was not significantly exceeded, and theft of a piglet.. The report concluded that it would be appropriate to have a discussion at EU level on the proportionate issuance of European Arrest Warrants. While

6625-449: The EAW. Such issues meddle with the idea of a high level of mutual trust between judicial authorities and hinder the objectives of the EAW. Article 3 of the Framework Decision which lists grounds upon which executing states must refuse to surrender a requested person does not expressly include any ground for refusing the surrender of a requested person if that surrender would infringe a person's human rights. However recitals (12) and (13) of

6750-459: The EU. The issuing judicial authority must complete a form stating identity and nationality of the person sought, the nature and legal classification of the offence, the circumstances surrounding the alleged committal of the offence including when and where it was committed and the degree of participation of the person sought, and scale of penalties for the offence. Many member states have designated public prosecutors as their judicial authorities for

6875-407: The European Arrest Warrant which distinguish it from the treaties and arrangements which previously governed extradition between EU member states. EAWs are not issued through diplomatic channels, they can be executed for a wide variety of offences without any requirement that the offence to which the warrant relates corresponds to an offence under the law of the state asked to execute the warrant, there

7000-452: The Manhattan Project whose task was to build an atomic weapon. Once built, it was decided, with British consent, to use the weapon against Japan. The UK was one of the Big Three powers (along with the US and the Soviet Union) who met to plan the post-war world ; it drafted the Declaration by United Nations with the United States and became one of the five permanent members of the United Nations Security Council . It worked closely with

7125-425: The Name of Great Britain". The term "United Kingdom" has occasionally been used as a description for the former Kingdom of Great Britain , although its official name from 1707 to 1800 was simply "Great Britain". The Acts of Union 1800 formed the United Kingdom of Great Britain and Ireland . Following the partition of Ireland and the independence of the Irish Free State in 1922, which left Northern Ireland as

7250-405: The Netherlands. The EAW Framework Decision sets out the reasons by which the executing judicial authority must or may refuse to surrender a person subject to an arrest warrant. Many member states have enacted other reasons by which surrender may be refused which are not referred to in the Framework Decision. Under the Framework Decision the executing judicial authority must refuse to surrender

7375-411: The Normans conquered England . With the end of the Wars of the Roses the English state stabilised and began to grow in power, resulting by the 16th century in the annexation of Wales , the domination of Scotland , and the establishment of the British Empire . Over the course of the 17th century, the role of the British monarchy was reduced, particularly as a result of the English Civil War . In 1707,

7500-495: The Scottish electorate voting by 55.3 to 44.7% to remain part of the United Kingdom. In 2016, 51.9 per cent of voters in the United Kingdom voted to leave the European Union . The UK left the EU in 2020. On 1 May 2021, the EU–UK Trade and Cooperation Agreement came into force. The COVID-19 pandemic had a severe impact on the UK's economy , caused major disruptions to education and had far-reaching impacts on society and politics in 2020 and 2021. The United Kingdom

7625-489: The Second World War damaged Britain's economic power and a global wave of decolonisation led to the independence of most British colonies. The United Kingdom is a constitutional monarchy and parliamentary democracy . The UK has three distinct jurisdictions: England and Wales , Scotland , and Northern Ireland . Since 1999, Scotland, Wales and Northern Ireland have their own governments and parliaments which control various devolved matters. A developed country ,

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7750-449: The Tampere Conclusions, adopted by the European Council in October 1999. In the AFSJ, the principle of mutual recognition entails that a decision of one Member State is recognized by and obtains legal force in another Member State based on a presumption of mutual trust. Member States trust the fact that within the Union all Member States comply with EU law and particularly with the fundamental rights recognised by EU law. The importance of

7875-430: The UK has the world's sixth-largest economy by nominal gross domestic product (GDP). It is a nuclear state , and is ranked fifth globally in military expenditure . The UK has been a permanent member of the UN Security Council since its first session in 1946. It is a member of the Commonwealth of Nations , Council of Europe , G7 , OECD , NATO , Five Eyes , AUKUS and CPTPP . British influence can be observed in

8000-484: The UK in 2023 is estimated to be 3.25 million hectares, which represents 13% of the total land area in the UK. Most of the United Kingdom has a temperate climate, with generally cool temperatures and plentiful rainfall all year round. The temperature varies with the seasons seldom dropping below 0  °C (32  °F ) or rising above 30 °C (86 °F). Some parts, away from the coast, of upland England, Wales, Northern Ireland and most of Scotland, experience

8125-433: The UK into lowland and upland areas. Lowland areas include Cornwall , the New Forest , the South Downs and the Norfolk Broads . Upland areas include the Lake District , the Pennines , the Yorkshire Dales , Exmoor , and Dartmoor . The main rivers and estuaries are the Thames , Severn , and the Humber . England's highest mountain is Scafell Pike , at 978 metres (3,209 ft) in the Lake District; its largest island

8250-402: The United Kingdom and that elsewhere "British government" is used at least as frequently as "United Kingdom government". The UK Permanent Committee on Geographical Names recognises "United Kingdom", "UK" and "U.K." as shortened and abbreviated geopolitical terms for the United Kingdom of Great Britain and Northern Ireland in its toponymic guidelines; it does not list "Britain" but notes that "it

8375-411: The United Kingdom is 1339.7 hours, which is just under 30% of the maximum possible. The hours of sunshine vary from 1200 to about 1580 hours per year, and since 1996 the UK has been and still is receiving above the 1981 to 2010 average hours of sunshine. Climate change has a serious impact on the country. A third of food price rise in 2023 is attributed to climate change. As of 2022, the United Kingdom

8500-436: The United Kingdom use several different terms to describe their national identity and may identify themselves as being British , English , Scottish , Welsh , Northern Irish , or Irish ; or as having a combination of different national identities. Settlement by Cro-Magnons of what was to become the United Kingdom occurred in waves beginning by about 30,000 years ago. The island has been continuously inhabited only since

8625-491: The United Kingdom. The 1928 Equal Franchise Act gave women electoral equality with men in national elections. Strikes in the mid-1920s culminated in the General Strike of 1926 . Britain had still not recovered from the effects of the First World War when the Great Depression (1929–1932) led to considerable unemployment and hardship in the old industrial areas, as well as political and social unrest with rising membership in communist and socialist parties. A coalition government

8750-478: The United States to establish the IMF , World Bank and NATO . The war left the UK severely weakened and financially dependent on the Marshall Plan , but it was spared the total war that devastated eastern Europe. In the immediate post-war years, the Labour government under Clement Attlee initiated a radical programme of reforms, which significantly impacted British society in the following decades . Major industries and public utilities were nationalised ,

8875-401: The acquisition and settlement of overseas colonies , particularly in North America and the Caribbean. Though previous attempts at uniting the two kingdoms within Great Britain in 1606, 1667, and 1689 had proved unsuccessful, the attempt initiated in 1705 led to the Treaty of Union of 1706 being agreed and ratified by both parliaments. On 1 May 1707, the Kingdom of Great Britain was formed,

9000-399: The admissible grounds for refusal of the execution of a European Arrest Warrant. Under the 2009 framework decision, an executing judicial authority may refuse to execute a European Arrest Warrant unless the requested person: The 2009 Framework Decision should have been implemented by member states by 28 March 2011. However, even after the amendment, there are still significant issues with

9125-543: The adoption of the EAW Framework Decision in 2002, 11 of the then 15 member states – namely Austria, Belgium, Denmark, Finland, France, Germany, Greece, Luxembourg, Portugal, and Sweden — had domestic rules which prevented the extradition of their nationals. Although the Nordic EU members – Denmark, Finland, and Sweden – did allow the extradition of their nationals to each other and to other Nordic countries, they refused

9250-471: The application of Art. 4a(1). InAbsentiEAW research project has shown that there are significant differences between Member States in the execution as well as issuing of the EAW. The report has analyzed the judicial cooperation between several Member States and has concluded that issues with the application of Art. 4a(1) can cause delays, and extra costs, necessitating executing authorities to request supplementary information or even unjustified refusals to execute

9375-421: The commission of a criminal offence in the state being asked to effect the extradition. Under the EAW Framework Decision, the requirement for double criminality is removed for a wide range of categories of crimes, and made a discretionary rather than a compulsory ground for a refusal to extradite for offences not falling within those categories. The categories within which are as follows: The Framework Decision

9500-409: The conduct of the member states since its enactment confirmed this interpretation. Unlike traditional extradition arrangements, EAWs need not be transmitted to any particular state. The intent of the Framework Decision is that EAWs be immediately recognised by all member states once issued. When a person subject of an EAW is found within the jurisdiction of a member state and arrested, that member state

9625-697: The decades-long process of European integration , the UK was a founding member of the Western European Union , established with the London and Paris Conferences in 1954. In 1960 the UK was one of the seven founding members of the European Free Trade Association (EFTA), but in 1973 it left to join the European Communities (EC). In a 1975 referendum 67% voted to stay in it. When the EC became

9750-477: The eastern parts are the driest. Atlantic currents, warmed by the Gulf Stream , bring mild winters, especially in the west where winters are wet and even more so over high ground. Summers are warmest in the southeast of England and coolest in the north. Heavy snowfall can occur in winter and early spring on high ground, and occasionally settles to great depth away from the hills. The average total annual sunshine in

9875-502: The effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union. In 2006, 20 of the then 25 member states included text which was based on at least one of these provisions or which explicitly referred to the European Convention on Human Rights , in their domestic implementing legislation. The others took

10000-496: The extradition of both their nationals and the nationals of other Nordic countries elsewhere. In addition seven of the 12 member states which joined between 2004 and 2007 – namely Bulgaria, Cyprus, the Czech Republic, Latvia, Lithuania, Poland, and Slovenia – employed a similar prohibition prior to their accession. Under the Framework Decision, member states are precluded from refusing the surrender of their own nationals wanted for

10125-462: The first industrialised country and was the world's foremost power for the majority of the 19th and early 20th centuries, particularly during the " Pax Britannica " between 1815 and 1914. At its height in the 1920s, the British Empire encompassed almost a quarter of the world's landmass and population, and was the largest empire in history . However, its involvement in the First World War and

10250-575: The first year, Britain and its Empire continued the war against Germany. Churchill engaged industry, scientists and engineers to support the government and the military in the prosecution of the war effort. In 1940, the Royal Air Force defeated the German Luftwaffe in the Battle of Britain . Urban areas suffered heavy bombing during the Blitz . The Grand Alliance of Britain, the United States and

10375-546: The following year. The European Arrest Warrant was established by an EU framework decision in 2002. Framework decisions were legal instruments of the third pillar of the European Community akin to directives and only take effect when implemented by EU member states by transposing them into their domestic law. The European Arrest Warrant replaced the 1957 European Convention on Extradition (ECE) which had previously governed extraditions between most member states, and various legal instruments which had been adopted to streamline

10500-569: The formal control it exerted over its own colonies, British dominance of much of world trade meant that it effectively controlled the economies of regions such as East Asia and Latin America . Throughout the Victorian era , political attitudes favoured free trade and laissez-faire policies. Beginning with the Great Reform Act in 1832, Parliament gradually widened the voting franchise , with

10625-488: The formation of the World Trade Organization in 1995. They have been forged within and among various trade blocs , including APEC and the European Union . MRAs are most commonly applied to goods , such as various quality control MRAs. However, the term is also applied to agreements on the recognition of professional qualifications and decisions relating to criminal matters. Accreditation Bodies, under

10750-731: The global hegemon and adopted the role of global policeman. From 1853 to 1856, Britain took part in the Crimean War , allied with the Ottoman Empire against Tsarist Russia , participating in the naval battles of the Baltic Sea known as the Åland War in the Gulf of Bothnia and the Gulf of Finland , among others. Following the Indian Rebellion in 1857 , the British government led by Lord Palmerston assumed direct rule over India . Alongside

10875-537: The goal of European Integration in the AFSJ. Many European criminal law instruments, such as the European Arrest Warrant , have been adopted on the basis of the principle of mutual recognition. However, as stated in Article 82(2) TFEU , the EU legislator can also opt for the adoption of minimum harmonised rules 'to the extent necessary to facilitate mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters having

11000-622: The imprisonment of innocent persons, the disproportionality of the EAW and violations of procedural rights. Measures which sought to harmonise extradition rules across EU member states date from the mid-1990s when the EU instituted two treaties under the Maastricht Treaty which sought to streamline existing extradition procedures under the European Convention on Extradition . In 1999, the European Council further proposed to abolish formal extradition procedures for sentenced persons. In 2001,

11125-576: The issuing and the executing states have made declarations to that effect. The permission of the executing state is not required: Since its implementation in 2004, the EAW system has been occasionally criticised for inappropriate or disproportionate use. Following a report by an internal working party, the Presidency of the Council of the European Union suggested in 2007 that it would be appropriate to have

11250-403: The kingdoms of England, Scotland and Ireland were united in a personal union when James VI, King of Scots , inherited the crowns of England and Ireland and moved his court from Edinburgh to London; each country nevertheless remained a separate political entity and retained its separate political, legal, and religious institutions. In the mid-17th century, all three kingdoms were involved in

11375-565: The largest in Western Europe , with a population of 14.9 million. The cities of Edinburgh , Cardiff , and Belfast are the national capitals of Scotland, Wales, and Northern Ireland, respectively. The lands of the UK have been inhabited continuously since the Neolithic . In AD 43 the Roman conquest of Britain began; the Roman departure was followed by Anglo-Saxon settlement . In 1066,

11500-408: The last retreat of the ice around 11,500 years ago. By the end of the region's prehistoric period , the population is thought to have belonged largely to a culture termed Insular Celtic , comprising Brittonic Britain and Gaelic Ireland . The Roman conquest , beginning in 43 AD, and the 400-year rule of southern Britain , was followed by an invasion by Germanic Anglo-Saxon settlers, reducing

11625-409: The legal and political systems of many of its former colonies , and British culture remains globally influential, particularly in language , literature , music and sport . English is the world's most widely spoken language and the third-most spoken native language . The Acts of Union 1707 declared that the Kingdom of England and Kingdom of Scotland were "United into One Kingdom by

11750-412: The likelihood of its success in different EU member states Puigdemont was travelling through. Mutual recognition Mutual recognition occurs when two or more countries or other institutions recognize one another's decisions or policies, for example in the field of conformity assessment , professional qualifications or in relation to criminal matters . A mutual recognition agreement ( MRA )

11875-463: The limit was not significantly exceeded (0.81 mg/L) and the theft of a piglet. In the UK, persons arrested under an EAW have been extradited for minor offences such as the stealing of ten chickens ( Romania ), unintentionally receiving a stolen mobile phone (Poland), and theft of £20 worth of petrol ( Czech Republic ). At the other extreme, the EAW has failed in some cases. The Irish Supreme Court refused to extradite an Irish citizen to Hungary who

12000-524: The local cultures. Subsequent medieval English kings completed the conquest of Wales and tried unsuccessfully to annex Scotland . Asserting its independence in the 1320 Declaration of Arbroath , Scotland maintained its independence thereafter, albeit in near-constant conflict with England . In 1215 the Magna Carta was the first document to state that no government was above the law, that citizens have rights protecting them and that they were entitled to

12125-600: The major part of the British Isles archipelago and includes the island of Great Britain, the north-eastern one-sixth of the island of Ireland and some smaller surrounding islands. It lies between the North Atlantic Ocean and the North Sea with the southeast coast coming within 22 miles (35 km) of the coast of northern France, from which it is separated by the English Channel . The Royal Greenwich Observatory in London

12250-450: The manner in which the arrest of a person the subject of an EAW is not specified in the Framework Decision, once arrested, he or she has the right to be informed of the warrant, its contents, and the person's right to consent to his or her surrender to the member state that issued the warrant. The Framework Decision also provides that the requested person have the right to the assistance of legal counsel and to an interpreter "in accordance with

12375-669: The mid-1920s, most of the British population could listen to BBC radio programmes. Experimental television broadcasts began in 1929 and the first scheduled BBC Television Service commenced in 1936. The rise of Irish nationalism , and disputes within Ireland over the terms of Irish Home Rule , led eventually to the partition of the island in 1921. A period of conflict in what is now Northern Ireland occurred from June 1920 until June 1922. The Irish Free State became independent, initially with Dominion status in 1922, and unambiguously independent in 1931 . Northern Ireland remained part of

12500-425: The national law of the executing Member State". The Framework Decision prescribes time limits for the making of a final decision to a surrender request. Where a requested person consents to his or her surrender, the executing judicial authority should make a final decision within ten days of such a consent. Where a requested person refuses to consent to his or her surrender, the executing judicial authority should make

12625-463: The only part of the island of Ireland within the United Kingdom, the name was changed in 1927 to the "United Kingdom of Great Britain and Northern Ireland". Although the United Kingdom is a sovereign country, England, Scotland, Wales and Northern Ireland are also widely referred to as countries . The UK Prime Minister's website has used the phrase "countries within a country" to describe the United Kingdom. Some statistical summaries, such as those for

12750-445: The permission of the executing judicial authority. Such a request is made in the same form as a European Arrest Warrant, and granted or refused using the same rules which determine whether surrender would be granted or refused. This requirement is referred to as the principle of 'specialty' and is intended to ensure that a state cannot seek the surrender of a person for an extraditable offence whilst intending to prosecute that person for

12875-400: The possibility for executing member states to request certain guarantees from issuing states prior to ordering the surrender of a requested person. Whether and how member states require such guarantees depends on the law of the member state in question. A European Arrest Warrant may only be issued by the competent judicial authority in an EU member state or a state with a special agreement with

13000-459: The preamble and Article 1(3) do refer to human rights: Recital (12) This Framework Decision respects fundamental rights and observes the principles recognised by Article 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union , in particular Chapter VI thereof. Nothing in this Framework Decision may be interpreted as prohibiting refusal to surrender

13125-548: The principles of mutual recognition and mutual trust was highlighted by the European Court of Justice in its Opinion 2/13 . In this Opinion, the Court specified that the presumption of mutual trust prevents a Member State from checking if another Member State comply with fundamental rights guaranteed by EU law, unless exceptional circumstances arise. Mutual recognition can represent an alternative to harmonisation in order to achieve

13250-599: The process of extradition under the ECE such as the 1989 agreement on the simplification of the transmission requests for extradition, the 1995 Convention on simplified extradition procedure, the 1996 Convention on extradition between Member States, and the provisions of the Schengen Agreement regarding extradition. The EAW Framework Decision came into force on 1 January 2004 in eight member states, namely Belgium , Denmark , Finland , Ireland , Portugal , Spain , Sweden , and

13375-408: The purposes of prosecution, but they may condition the surrender of a requested person on his or her being returned to the issuing state to serve any sentence ultimately imposed. The Netherlands which requires issuing states to return both Dutch nationals and permanent residents, also requires issuing states to agree that any sentences imposed will be converted into those applicable under Dutch law using

13500-508: The purposes of the framework decision. Such designations have been questioned before the British and Irish courts on the basis that in order for an authority to be judicial it should be a court or judge. In both countries, the designated issuing authority is a judge. However the courts of each have rejected these arguments. In Assange v Swedish Prosecution Authority the High Court of England and Wales found that: [...] it cannot be said that

13625-468: The requested person if: Under the Framework Decision the executing judicial authority may refuse to surrender the requested person if: In 2009 the Council of Ministers amended the EAW framework decision with the express intention of "enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at

13750-613: The requirement that the person have "fled" the requesting jurisdiction has since been removed from Irish law, and a new warrant has been issued by the Hungarian authorities. In the case of Carles Puigdemont (alleged to have committed sedition by Spanish authorities in connection with the 2017 Catalan independence referendum ), some MEPs and legal commentators criticised the Spanish Government for appearing to have opportunistically issued and withdrawn his European Arrest Warrant based on

13875-497: The rest of Europe, royal absolutism would not prevail, and a professed Catholic could never accede to the throne. The British constitution would develop on the basis of constitutional monarchy and the parliamentary system . With the founding of the Royal Society in 1660, science was greatly encouraged. During this period, particularly in England, the development of naval power and the interest in voyages of discovery led to

14000-568: The result of the Acts of Union 1707 between the Kingdom of England and Kingdom of Scotland . In the 18th century, cabinet government developed under Robert Walpole , in practice the first prime minister (1721–1742). A series of Jacobite uprisings sought to remove the Protestant House of Hanover from the throne and restore the Catholic House of Stuart . The Jacobites were finally defeated at

14125-402: The sentence has already been passed, an EAW can be issued only if the prison term to be enforced is at least four months long. Considering the severe consequences an EAW can have, it should always be proportional to its aim. This means that the judicial authority issuing an EAW should always carry out a proportionality check, before deciding on whether to issue it in the first place. Such a check

14250-415: The services of Interpol . The EAW Framework Decision requires that a warrant can only be issued when an offence is punishable by imprisonment or a detention order for a maximum period of at least one year, or in conviction cases, where the remaining term of imprisonment is four months or more. This can nonetheless include a wide variety of trivial offences. In 2007, a report commissioned by the Presidency of

14375-421: The term judicial applies only to a judge who adjudicates. The differing European traditions recognise that others, including prosecutors, can be included within that term for various purposes. It is therefore entirely consistent with the principles of mutual recognition and mutual confidence to recognise as valid an EAW issued by a prosecuting authority designated under Article 6. To do otherwise would be to construe

14500-434: The trial". Framework Decision 2009/299/JHA deleted Art. 5(1) FD 2002/584/JHA and introduced Art. 4a. Article 4a introduced a ground for optional refusal to execute by the respective executing judicial authority. Art. 5(1) allowed the execution of a European Arrest Warrant dependant, on a guarantee by the issuing judicial authority concerning an opportunity for a retrial if the EAW was issued to enforce an in absentia decision. It

14625-436: The twelve NUTS 1 regions , refer to Scotland, Wales and Northern Ireland as "regions". Northern Ireland is also referred to as a "province". With regard to Northern Ireland, the descriptive name used "can be controversial, with the choice often revealing one's political preferences". The term "Great Britain" conventionally refers to the island of Great Britain, or politically to England, Scotland and Wales in combination. It

14750-542: The view that the rights exist independently from the Framework Decision. Fair Trials International (FTI), the London-based human rights non-governmental organisation, claims to have highlighted a number of cases which demonstrate that the European Arrest Warrant system is causing serious injustice and jeopardising the right to a fair trial. In particular, FTI allege that: The Framework Decision also establishes

14875-558: The word 'judicial' out of context and look at it simply through the eyes of a common law judge, who would not consider a prosecutor as having a judicial position or acting as a judicial authority. The position in some other Member States is different [...] On appeal, the UK's Supreme Court affirmed the decision of the High Court and found that, when comparing different language versions, the framework decision demonstrated an intention to regard public prosecutors as judicial authorities and that

15000-494: Was alleged to have killed two children through negligent driving. While the Irish Court never questioned the facts of the case or the fairness or outcome of the Hungarian trial, it decided that the person did not technically "flee" from Hungary, only "failed to return", having left the country with the consent of the Hungarian authorities; therefore, the legal requirements for extradition under an EAW had not been established. However,

15125-598: Was chosen as the defining point of the Prime Meridian at the International Meridian Conference in 1884. The United Kingdom lies between latitudes 49° and 61° N , and longitudes 9° W and 2° E . Northern Ireland shares a 224-mile (360 km) land boundary with the Republic of Ireland. The coastline of Great Britain is 11,073 miles (17,820 km) long, though measurements can vary greatly due to

15250-430: Was deemed necessary to replace the former Art. 5(1), because it left the assurance provided by the issuing authority up for the judgment to the executing judicial authority. In absentia trials have been problematic since the very beginning of the EAW, also since there was uncertainty as to what exactly entails the concept of “in absentia” in the Member States. The 2009 amendment besides introducing Art. 4a, has also specified

15375-462: Was formed in 1931. Nonetheless, "Britain was a very wealthy country, formidable in arms, ruthless in pursuit of its interests and sitting at the heart of a global production system." After Nazi Germany invaded Poland in 1939, Britain entered the Second World War . Winston Churchill became prime minister and head of a coalition government in 1940. Despite the defeat of its European allies in

15500-627: Was propitious, since only six days later, in the immediate aftermath of the September 11 attacks in the United States, these far-reaching proposals were taken up by the European Commission, which made a formal legislative proposal to Council and Parliament. The political decision to adopt the EAW legislation was made at the Laeken European Council in December 2001, the text being finally agreed in June of

15625-432: Was the first country in the world to use an approved COVID-19 vaccine , developing its own vaccine through a collaboration between Oxford University and AstraZeneca , which allowed the UK's vaccine rollout to be among the fastest in the world. The total area of the United Kingdom is approximately 94,354 square miles (244,376 km ), with a land area of 93,723 square miles (242,741 km ). The country occupies

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