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COMMENT BY THE MINISTER OF JUSTICE OF THE REPUBLIC OF LITHUANIA REMIGIJUS ŠIMAŠIUS (The Ministry of Justice of the Republic of Lithuania, 19 July 2011)

“The position stated by the Commissioner V.Reding that Austria is right in terms of the assessment of the legal procedures refers to the implementation procedures of the European Arrest undertaken under the EU Framework Decision. Austria cannot, based on the reservation made earlier, withdraw from the application of the European Arrest Warrant for offences committed prior to 2002 – it had to surrender the suspect in accordance with EU conventions on extradition. The compliance with such legislation of the EU acquis is compulsory. In the broad sense, the principles of close co-operation and their implementation, being a pre-requisite to achieve the goals laid down in the EU instruments, are also considered a constituent part of the acquis, as also noted by Reding. None of the member states should look for excuses in the formal procedures, but should seek as close and extensive mutual co-operation as possible in order to reach the outcomes expected from the European co-operation.

The final legal assessment will be completed upon receipt of the investigation material from the experts’ group.”