Our politicians shouldn't treat European law as a political football. Photo: Getty
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Politicisation of the European Arrest Warrant is dangerous and unnecessary

We need clarity on the European Arrest Warrant so that this logical and useful legal instrument does not fall victim to an emotive political bun fight.

The political storm surrounding the "on again off again" parliamentary vote on the European Arrest Warrant (EAW) underlines the complexity of an issue which is not easily defined in right versus left terms.

It is surprising that politicians for whom law and order is high on the agenda would object to a measure that has been used to extradite nearly 250 suspected rapists, murderers and child sex offenders. Such red meat for the red tops should, one would expect, be enough to bring even the most troublesome members along.

The reality is more complex. The European Arrest Warrant goes to the heart of two separate but interrelated questions. Firstly, to what extent does the EAW degrade or diminish civil liberties for UK citizens? Secondly, is it a worth further drain of sovereignty from Westminster to Brussels?

These are legitimate questions, and it is important that we provide clarity so that a logical and useful legal instrument does not fall victim to an emotive political bun fight.

Legislation governing the European Arrest Warrant was adopted in the aftermath of the 9/11 terrorist attacks. The context of the time demanded that governments should be able to move much more swiftly to combat the risk of criminality generally and terrorism particularly. The aim of the EAW was to greatly speed up extradition proceedings between EU Member states, and to remove legal and practical obstacles to judicial cooperation.

In EU terms, the legislation itself was enacted with remarkable speed. Proposed in 2001, it was adopted the following year under the European Arrest Warrant Framework Decision.

The result was a greatly simplified system of extradition, governed by mutual recognition of judicial decisions. The system operates on the basis of maximum trust, minimum formality, and utmost speed.

The European Arrest Warrant has been effective in many of its aims, and has had some notable and high-profile successes. The impact of the legislation has been seen most clearly in the area of streamlined and speedy judicial cooperation between Member States. In 2012, Jeremy Forrest, who was arrested in France on suspicion of having an affair with a 15-year-old Sussex school girl, faced swift and successful extradition proceedings under the European Arrest Warrant System. He was extradited to the UK, where he was convicted the following year.

In 2005, Osman Hussain – a suspect in the failed London Bombings – was arrested in Rome eight days after the botched attack. He faced immediate extradition proceedings in Italy and was transferred to the UK in September.

That said, high-profile successes do not necessarily equate to good law. The speed with which the European Arrest Warrant can be enacted is undoubtedly a double-edged sword.

Human rights groups expressed concerns about the operation of the system, particularly regarding the protection of the rights of persons whose extradition has been sought. Many criticised the length of detention in EU prisons for suspects awaiting trial, problems with securing a fair trial, and the conditions to which suspects were subjected.

In response to these concerns, the EU introduced a series of measures to strengthen the rights of citizens who are subject to a European Arrest Warrant. The European Supervision Order – to which the UK sensibly subscribes - now provides mutual recognition of bail decisions, while suspects are guaranteed access to lawyers, translators, and interpreters.

Regrettably though, the United Kingdom does not participate in the European directive on access to a lawyer in criminal proceedings. This rather unedifying situation undermines the human rights infrastructure which is so crucial to the maintenance of credibility for the European Arrest Warrant. While the system has, on the one hand, provided Member State governments with a sharp judicial instrument, it should – on the other – be accompanied by ethical and rights based checks and balances.

What of concerns about handing over more sovereignty to Brussels?

It seems as if much of the rhetoric around this point addresses politics more than it does the legal system. The decision in 2013 to opt-out of all 133 EU police and criminal justice measures was – from the perspective of Eurosceptic MPs, something of a victory. The decision, one year later, to opt back in to 35 of those measures may then, seem a bit meek.

It is, however, entirely sensible. Yes, EU institutions, including the Court of Justice and the Commission, will have a greater role in UK criminal justice after December 2014. Does this weaken our hand? The evidence suggests not. The average length of time that it takes to extradite a non-consensual suspect has been cut from more than a year to fewer than 50 days. The idea that lawmakers would prefer to revert to individual extradition agreements is a strange one indeed.

Concerns around sovereignty are misplaced and over-politicisation is dangerous. Human rights concerns should be addressed on an ongoing basis, with full engagement and participation by the UK in the existing protections for suspects.

Professor Valsamis Mitsilegas is head of the Department of Law, Professor of European Criminal Law and Director of the Criminal Justice Centre at Queen Mary University of London. From 2001 to 2005 he was legal adviser to the House of Lords European Union Committee

Photo: Getty
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The campaign to keep Britain in Europe must be based on hope, not fear

Together we can show the world a generous, outward-facing Britain we can all be proud of.

Today the Liberal Democrats launched our national campaign to keep Britain in Europe. With the polls showing the outcome of this referendum is on a knife-edge, our party is determined to play a decisive role in this once in a generation fight. This will not be an easy campaign. But it is one we will relish as the UK's most outward-looking and internationalist party. Together in Europe the UK has delivered peace, created the world’s largest free trade area and given the British people the opportunity to live, work and travel freely across the continent. Now is the time to build on these achievements, not throw them all away.

Already we are hearing fear-mongering from both sides in this heated debate. On the one hand, Ukip and the feuding Leave campaigns have shamelessly seized on the events in Cologne at New Year to claim that British women will be at risk if the UK stays in Europe. On the other, David Cameron claims that the refugees he derides as a "bunch of migrants" in Calais will all descend on the other side of the Channel the minute Britain leaves the EU. The British public deserve better than this. Rather than constant mud-slinging and politicising of the world's biggest humanitarian crisis since the Second World War, we need a frank and honest debate about what is really at stake. Most importantly this should be a positive campaign, one that is fought on hope and not on fear. As we have a seen in Scotland, a referendum won through scare tactics alone risks winning the battle but losing the war.

The voice of business and civil society, from scientists and the police to environmental charities, have a crucial role to play in explaining how being in the EU benefits the British economy and enhances people's everyday lives. All those who believe in Britain's EU membership must not be afraid to speak out and make the positive case why being in Europe makes us more prosperous, stable and secure. Because at its heart this debate is not just about facts and figures, it is about what kind of country we want to be.

The Leave campaigns cannot agree what they believe in. Some want the UK to be an offshore, deregulated tax haven, others advocate a protectionist, mean-hearted country that shuts it doors to the world. As with so many populist movements, from Putin to Trump, they are defined not by what they are for but what they are against. Their failure to come up with a credible vision for our country's future is not patriotic, it is irresponsible.

This leaves the field open to put forward a united vision of Britain's place in Europe and the world. Liberal Democrats are clear what we believe in: an open, inclusive and tolerant nation that stands tall in the world and doesn't hide from it. We are not uncritical of the EU's institutions. Indeed as Liberals, we fiercely believe that power must be devolved to the lowest possible level, empowering communities and individuals wherever possible to make decisions for themselves. But we recognise that staying in Europe is the best way to find the solutions to the problems that don't stop at borders, rather than leaving them to our children and grandchildren. We believe Britain must put itself at the heart of our continent's future and shape a more effective and more accountable Europe, focused on responding to major global challenges we face.

Together in Europe we can build a strong and prosperous future, from pioneering research into life-saving new medicines to tackling climate change and fighting international crime. Together we can provide hope for the desperate and spread the peace we now take for granted to the rest of the world. And together we can show the world a generous, outward-facing Britain we can all be proud of. So if you agree then join the Liberal Democrat campaign today, to remain in together, and to stand up for the type of Britain you think we should be.