Comment by foldr
4 days ago
I think you might be missing the ‘concerning’ part. Which specific cases are concerning? I don’t find it inherently concerning that people can’t escape justice by crossing the Hungarian border, Bonnie and Clyde style.
4 days ago
I think you might be missing the ‘concerning’ part. Which specific cases are concerning? I don’t find it inherently concerning that people can’t escape justice by crossing the Hungarian border, Bonnie and Clyde style.
Too explicitly spell it out, op is saying here that if any one of the 27 countries in the EU decides you are breaking one of their laws, they can have 1 of the other 26 enforce an EIO.
EIOs are subject to a dual criminality requirement. So it’s not as if arbitrary Hungarian laws can be applied in France via EIOs. And of course, we all know this is not happening, which is why we get radio silence from the people who are ‘concerned’ about this whenever specifics are requested.
>EIOs are subject to a dual criminality requirement
Dual criminality requirement only applies to non-Annex D crimes. Which is... not many crimes. You seem awfully confident for someone so ill-informed.
>And of course, we all know this is not happening
How would you know that it isn't happening? EIOs are not public!
8 replies →
Which would be perfectly fine if your local jurisdiction could still properly review those foreign requests.
Oh no, that's totally up to you. If you're happy with the courts in your country not being able to review the requests sent from Hungary, that's cool. Without transparent judicial review, how could we even know if the cases are concerning?
EIOs are subject to review by the recipient state. It seems that you can’t point to a single relevant example of a concerning EIO from Hungary.
"Subject to review" means little more than "is the form filled correctly?", it certainly does not mean second-guessing by the courts in the executing state.
Like, yeah, your EIO will be rejected if you don't tick any of the crime-category boxes in the form.