Read my post nb. 36 and there is a PPC parahraph which concerns the costs , if you can`t understand polish language you can translate it with google translator , don`t cite any english paragraphs as only polish law matters if it comes with law concerning polish citizens , and EAW prepared in Poland and sent to England
Art. 614. Wydatki poniesione w związku z czynnościami przewidzianymi w niniejszym dziale pokrywa państwo obce, które złożyło wniosek o dokonanie czynności. Organy państwa polskiego mogą odstąpić od żądania zwrotu poniesionych wydatków, jeżeli państwo obce zapewnia wzajemność.
Read it and make proper conclusions
Well, strangely enough the problem is that Monia doesn't have a clue what she is talking about. Let's take a look at "2002/584/JHA: Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States - Statements made by certain Member States on the adoption of the Framework Decision" We can find it
As you can see this is a framework decision and each member state has to issue its own procedure of EAW . So I have told in my previous posts that in Poland procedure of EAW is included in division XIII of Polish Penal Code .
If Law in England says something different I am sorry it is up to England to adopt the framework of European Council in own specific way . If you want to find out the facts about how Law is adopted in each member state you will know that it can`t be adopted straight as it sounds in a framework decision without a lenghty legal procedure in Parlament which is a legal body to constitute Law in each member state . So your assumption that such Law has been issued is wrong because you don`t know about all the facts concerning this constituting law procedure . Even though England adopted such decision in a way different to Poland , costs are beared by the state issuing EAW or are mutually beared by each state for the procedure done on its territory on a rule of mutuality , it is exactly what is written in art. 614 of PPC
Here is an article in Polish press in which such problem is discussed :
Many courts in the UK considers it necessary to bestow trust of Poles living in their territory and paying taxes there, and prosecuted by the Polish courts on the basis of an EAW. They decide not to apply to them for the duration of pre-trial detention examine the application for execution of the EAW. British justice begins more and more talk about the costs that must be borne in relation to the execution of Polish orders, even with a distorted idea of the EAW by Poland, which pursues inter alia, persistent niealimentację, petty theft or fraud. The instrument, which was designed to combat serious crime, has become a network here on petty criminals fleeing from Polish.
They criticize us for being too often use this institution?
The British press and the police complain that it seems a fortune on the translation of documents, attorneys from the office (every person of Polish gets a public defender), often committed to work entire sections of Scotland Yard.
It says exactly that british courts don`t understand the European Legal System and don`t make subsumption of legal institutions in a way the other european states do . It makes a clash between their law and the legal institutions in the rest of Europe .
That makes sense and your misunderstanding of a whole subject lies in this problem , because you assumed that British way is the wright way , which is contested by other states .
Don`t make me responsible for everything and especially for your faults .
I am not intending to give here a lecture about Law ( I really don`t have so much time to do it ) I just wanted to contribute to a thread by explaining some facts and straightening some distorted views presented by some posters .
In real life and in my practise I deal with real people who are satisfied by my legal service given to them . You know nothing about my experience so don`t give here derogatory comments about me .
It is always you who deny and critisize things , some posters try to discuss and it is a pleasure for me to take part in such discussions . With you , the way you conduct a discussion always upsets me .
If you changed your attitude more people would be nicer to you .