In June 2024, the EJN and Eurojust issued a revised updated version of the Joint EJN-Eurojust Compilation on Issuing and Executing authorities in EAW proceedings, available on the EAW Section of the EJN website.
The compilation is based on the requirements laid by the 2019 jurisprudence of the CJEU in relation to the independence of the prosecutor in relation to the concept of ‘issuing judicial authority’ as referred to in Article 6(1) EAW FD and ‘executing judicial authority’ as referred to in Article 6(2) EAW FD as well as the requirements of effective judicial protection.
The main updates are in relation to the Bulgarian implementing legislation, as following the CJEU judgments on the requirements on effective judicial protection, there have been several changes in the Bulgarian national legislation. Under the new legislation, the draft EAW is presented to the Court (via hearing, including the attendance of the defence counsel of the accused and the public prosecutor), to comply with the ‘judicial review’. After approval by the Court, the public prosecutor issues the EAW.
The current version would be the 4th revision of the compilation. The compilation is updated whenever there are changes in the national EAW legislation.