The Common Framework, developed within the EPHESUS project, provides guidance on the use of alternative tools for international judicial cooperation, building on the Overview of Pandemic Adaptations and Opportunities in the Use of the European Arrest Warrant.

The EAW is the first, most recognizable and most frequently used of an array of judicial cooperation instruments, available across Member States. It has proven as a valuable and effective tool in the fight against crime, so consequently legal practitioners tend to be rather reluctant to consider the use of alternative instruments.

To promote the exploration of alternative instruments and encourage a more proportionate application of the EAW, the Commong Framework categorizes other existing instruments for judicial cooperation into two groups, aligning with the EAW's primary functions: for prosecution (including the European Investigation Order, mutual legal assistance in criminal matters, the so-called European Supervision Order, freezing and confiscation orders, joint investigation teams, and the transfer of criminal proceedings) and for enforcement (such as the transfer of convicted persons). The analysis indicates that the European Investigation Order and the European Supervision Order could serve as effective alternatives to the EAW during investigations, while the transfer of convicted persons is a viable alternative for sentence enforcement.

The framework includes use cases, a checklist for assessing the proportionality of an EAW, and flowcharts that support legal practitioners in making informed decisions, effectively balancing judicial cooperation with the protection of fundamental rights.

The full report is available on the EPHESUS website here.