Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

An EAW in terms of Maltese law is executed by the Court of Magistrates as a Court of Criminal Inquiry, which in terms of the applicable legislation transposing the EAW FD, is known as the Court of Committal. In case of an appeal, the decision on surrender can be taken by the Court of Criminal Appeal in its inferior jurisdiction. Maltese law requires that a certificate is always issued by the Attorney General stating that the authority which issued the EAW/alert (in cases where the person is arrested on the basis of a SIS alert) has the power to do so. The person arrested on the basis of an EAW/SIS alert can only be kept in detention for 48 hours before he has to be arraigned before the Court. The grounds for mandatory/optional refusal are identical to those found in the EAW FD. The final decision on surrender must be taken within 60 days (including appeal). However, the requested person can file an application in the First Hall Civil Court (constitutional jurisdiction) if he believes his fundamental rights have been breached or will be breached. In the case of a request for an interim measure to stop surrender, this court can also accede to the request and order that surrender does not take place until a decision has been taken on the breach. Where the person is being prosecuted for other offences in Malta, The Court may postpone the surrender of the person until any of thefollowing occurs:(i) the charge is disposed of; (ii) the charge is withdrawn;(iii) proceedings in respect of the charge are discontinued;(iv) the proceedings are put off sine die: Provided that at any time after the decision to postpone, the court may grant bail to the person whose surrender has been temporarily postponed, so however that, when any of the events mentioned in sub-paragraph (i) to (iv) occurs, the court shall forthwith order the re-arrest and surrender of the person; or(b) temporarily surrender the person under conditions agreed in writing with the authority which issued the EAW which conditions shall be binding on all the authorities of the issuing scheduled country

Legal Framework

International legal framework applicable for this measure in your Member State

EAW FD

Competent Authority

* receive the request/decision for judicial cooperation

Executive Police with respect to the arrest Office of the Attorney General acts as a central authority The Court of Magistrates (Court of Committal) takes a decision on the surrender.

Accepted languages

Accepted languages for the request/decision

Maltese/English

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

Final decision on surrender including appeal must be taken within 60 days from arrest of the person.

Concise legal practical information

Special requirements

All information has been provided in sections above.

Last reviewed on 22 September 2022 by EJN Secretariat

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