The Surrender of Children under the European Arrest Warrant in a Nordic Perspective

Abstract

This article examines the legal challenges surrounding the surrender of minors under the European and Nordic Arrest Warrants. It argues that the principle of mutual trust, which is central to the effectiveness of both instruments, may be strained when the requested person is a child, given the differing national approaches to criminal responsibility and child protection. The article analyses the implications of the CJEU’s judgment in Piotrowski for the interpretation of Article 3(3) of the European Arrest Warrant and considers how Sweden’s proposal to lower the age of criminal responsibility to 13 for certain serious crimes may be affected by this interpretation. It further explores how fundamental rights considerations under Articles 4 and 24 of the Charter may require child-specific assessments by executing judicial authorities. Finally, the article highlights the potential tension created by Denmark’s opt-out with regard to the surrender of minors to Denmark.