of judicial decisions in criminal matters, covering both pre-sentence and final decisions, within an area of freedom, security
―…The European arrest warrant provided for in this
Framework Decision is the first concrete measure in the field of criminal law implementing the principle of mutual recognition
which the European Council referred to as the ‗cornerstone‘ of
―…The European arrest warrant is a
judicial decision issued bya Member State with a view to the arrest and surrender byanother Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial
sentence or detention order…‖
(Article 1.1)9. The High Court recognised that, in some instances in the Framework Decision
, “the term judicial authority is plainly used [in a context which
can] refer only
to a judge who adjudicates” (judgment, §35).
10. It was always envisaged by Parliament that independent judicialscrutiny would be applied to both the issuance and execution of thisdraconian instrument. That is why Part 3 of the 2003 Act only permits
United Kingdom (“UK”) judges to issue EAWs (s.142).
11. Parliament believed that EAWs would be issued only by courts or judges, and assured that EAWs issued by other bodies would not beexecuted.12. Experience of the EAW system has shown, however, that that belief wasmisplaced. Whilst the vast majority of EAWs are issued by judges orcourts, the UK has nonetheless received EAWs from bodies that areclearly not
13. Until the present case, the High Court did not recognise that there was aproblem. In a series of cases, the High Court had held that, by virtue of Article 6 of the Framework Decision,
it had no jurisdiction to enquire
into the status of the issuing “judicial” authority.
The issuing judicial authority shall be the judicial authority of the issuingMember State which is competent to issue a European arrest warrant by virtue of the
law of that State…”
Enander v the Governor of HMP Brixton and the Swedish National Police Board
 EWHC 3036 (Admin);
Harmatos v Office of the King's Prosecutor in Dendermonde, Belgium
 EWHC 1598 (Admin). See also
Goatley v HM Advocate
 HCJAC 55.