The Netherlands: Implementation and Application of the EAW, EIO, and Freezing and Confiscation Orders

This chapter provides a comprehensive overview of the transposition and application of the EAW FD, the EIO D, and the Regulation 1805/2018 in The Netherlands. Below, the EAW FD (section 2), the EIO D (section 3), and the Regulation 1805/2018 (section 4) will be discussed. The analysis brings together and builds on previous work on the EAW FD,1 the EIO D,2 and the Regulation 1805/20183 as well as insights from case law. For each of the three instruments, the implementation, scope and issuance, execution and cooperation between judicial authorities, fundamental rights, grounds for non-recognition and non-execution, and remedies are discussed. The analysis is followed by concluding remarks (section 5). This chapter will reveal that compliance with the three instruments has incrementally increased.