The European arrest warrant and in absentia judgments: The cause of much trouble

The ground for optional refusal of Article 4a FD 2002/584/JHA was intended to strengthen the rights of defendants and make the execution of European Arrest Warrants after in absentia convictions easier. In practice, however, problems at the level of the EU legislator, at the level of national legislators and at the level of judicial authorities seem to stand in the way of achieving those goals. A common thread of the problems with applying Article 4a is a lack of awareness of the case-law of the European Court of Justice. Based on case studies from six EU Member States, this article makes an in-depth analysis of these problems and suggests concrete measures on how to overcome them.