In procedures that arise due to disagreements in the exercise of parental authority

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The European Union already provided for in the Treaty of Amsterdam of October 2, 1997, the need to create an area to ensure freedom, security and justice . At this point, international legal cooperation stands as a fundamental mechanism that operates between states to satisfactorily resolve different aspects, whether civil, criminal, labor or commercial. The increase in the global mobilization of people, goods and goods, and the abolition of border control in the EU have allowed criminals and criminal organizations to organize not only for the planning and execution of crimes but for the subsequent evasion of justice, in different countries, which implies the need to articulate instruments to ensure the prosecution of the crime and the prosecution of the perpetrator and the effective execution of the possible sentences and measures that are imposed.

In criminal matters, one of the main international cooperation mechanisms within the European Union is the European Arrest and Surrender Order . It is created through Framework Decision 2002/584/JHA , relating Austria Email List to the European order and delivery procedures between Member States. The OEDE, based on respect for the principle of mutual recognition and reciprocal trust between member states, replaces the previous procedures and communications between countries, specifically it replaces extradition by making it faster and simpler, within the EU, the arrest procedure and the surrender of criminals in a way that makes judicial resolutions more effective and facilitates and reinforces, in this way, the fight against crime.



CONCEPT The European Arrest and Surrender Order (hereinafter OEDE) is defined as an instrument of international legal cooperation in criminal matters , specifically it is defined as “judicial resolution issued in a member state of the European Union whose purpose is the arrest and surrender by another member state of a person who is wanted for: the exercise of criminal proceedings (surrender for prosecution); the execution of a sentence or execution of a custodial security measure (surrender to serve a sentence)” . It is also defined as “ simplified, cross-border judicial procedure for surrender for the purposes of prosecution or execution of a sentence or security measure depriving of liberty” .