EU, Malta 'differences' on arrest warrant

The European Commission yesterday criticised Malta for complying in full with the transposition into national law of all the European arrest warrant provisions.

However the Commission's opinion differs from that of the Maltese government with Home Affairs Minister Tonio Borg saying "Malta is compliant but there is a difference of opinion over the interpretation of certain provisions".

According to an evaluation report drawn up by the Commission on the implementation of the European arrest warrant in its first year, further efforts are still required in Italy, where the matter is still before Parliament, and in certain member states, including Malta, in order for them to come fully into line with the framework decision.

The European arrest warrant was established in June 2002.

The Commission said the European arrest warrant is now implemented and applied in all the member states except Italy. However, the report highlights the difficulties that remain with regard to the application of the framework decision in certain member states.

In its evaluation on the actual application of this instrument, which replaces the extradition procedures between member states, the Commission said that Malta, together with the Czech Republic, Denmark, Estonia, Ireland, Luxembourg, the Netherlands and the United Kingdom, are at the bottom of the list in terms of correct implementation.

The Commission said Denmark, Malta, the Netherlands, Portugal and the UK have introduced motives for refusal, such as national security considerations, which are not included in the framework decision.

The Commission said that since the framework decision came into operation, the average time taken to execute a warrant is provisionally estimated to have fallen from more than nine months to 45 days. This does not include those frequent cases where the person consents to surrender, for which the average time taken is 18 days.

Contacted by The Times, Dr Borg said the Attorney General's office is looking into the report. He added that however "there is a difference of opinion with the Commission over the interpretation of certain provisions which affects Malta and quite a number of other member states".

He said that in the coming days government officials will be meeting the Commission in order to better explain Malta's interpretation of the directive's provisions.