What is a European Arrest Warrant?
The European Arrest Warrant is a legal mechanism used by EU countries to expedite the extradition of individuals suspected or convicted of criminal offenses. The EAW was implemented in 2004 and has since become one of the main tools for cooperation between European Union member states in the field of justice and internal security.
Key tasks of the European Arrest Warrant are as follows:
- Acceleration and simplification of the extradition process within the EU;
- Strengthening cooperation in combating transnational crime;
- Ensuring justice, including holding suspects accountable and enforcing penalties.
EAW replaces complex diplomatic procedures with a simple and standardized mechanism based on the mutual recognition of judicial decisions of EU member states. The use of the warrant allows for the swift detention and transfer of individuals posing a threat to society, preventing their further offenses.
The European Arrest Warrant contains the following information:
- Identification data of the person: first name, last name, date of birth, citizenship, possible aliases, and other information aiding identification;
- Description of the crime: nature of the crime, circumstances of its commission, place and time;
- Legal grounds: indication of the articles of law violated by the person, the maximum penalty provided for this crime;
- The purpose of the order: conducting a court proceeding, enforcing a sentence, or other legal actions;
- Contact details: data of the competent authority that issued the warrant for information exchange and coordination.
Arrest warrant operates within the territory of all EU countries and has a unified form, which simplifies its application. Judicial authorities of EU member states are obligated to recognize and execute the EAW without the need for additional procedures.
How Does the European Arrest Warrant Work?
The initiation of a European Arrest Warrant begins with a decision by the competent authority (court or prosecutor’s office) of the country where the criminal case has been initiated or a sentence has been passed. Grounds for issuing an EAW:
- A crime punishable by at least 1 year of imprisonment;
- A sentence of imprisonment for a term of no less than 4 months.
The competent authority issues a warrant in a unified form, which includes the identifying information of the wanted person, a description of the crime and its legal qualification, and justification for the necessity of extradition.
After the preparation of the EAW, it is sent to other EU countries through official channels: the SIRENE system (Schengen Information System), the European Judicial Cooperation Network (Eurojust), national contact bureaus. All EU countries receive notification of the warrant and are obligated to respond if the person is found on their territory.
A person can be detected based on regular checks in databases (for example, SIS II). When crossing borders, at airports, or at customs points, law enforcement agencies verify passengers’ documents against notifications in the system. If the wanted person is found, local law enforcement detains them and notifies the country that issued the EAW.
After the detention of the wanted person, the legality of the warrant is reviewed. The court checks:
- Does the order comply with the established rules;
- Is the crime extraditable according to the principle of double criminality?
- Are there any grounds for refusal of extradition (for example, human rights violations, political motivation of the case)?
The inspection must be completed within 60 days from the moment of detention.
If the order meets all the requirements, the court issues a decision on automatic transfer. The detained person has the right to appeal the order in court. If an appeal is filed, the review period may be extended up to 90 days. After the judicial process is completed, the decision on transfer comes into force. The transfer is carried out within 10 days after the final decision.
Grounds for challenging EAW
Despite the standardized structure, in some cases, the European Arrest Warrant may be issued or applied with violations. In such situations, there is an opportunity to challenge it.
Key grounds for challenging the European Arrest Warrant:
- Errors in documentation. The order must be legally flawless and contain all necessary information. Deficiencies or errors in its preparation may serve as grounds for its cancellation. Examples of errors: incomplete or incorrect identification data of the wanted person, lack of a detailed description of the crime (time, place, circumstances), unspecified legal grounds or references to applicable legislation;
- Insufficiency of evidence. An EAW must be substantiated, with a clear indication of the crime and evidence. If the evidence is unconvincing or insufficient, the warrant can be challenged (lack of specific evidence proving the person’s guilt, the crime is described vaguely or does not prove the involvement of the wanted person);
- Non-compliance with the principle of double criminality. The offense specified in the warrant must be recognized as a criminally punishable act in both countries;
- Violation of human rights. If the execution of the EAW may lead to a violation of the rights of the sought person, the warrant can be challenged (risk of cruel treatment or torture, lack of guarantees for a fair trial, threat of discrimination or politically motivated prosecution);
- The principle of non bis in idem. A person cannot be punished for the same crime twice. Examples: a person has already been convicted or acquitted for this crime in another country; a warrant is issued for actions that have already been reviewed by another court;
- Political motivation. A European Arrest Warrant cannot be used for prosecution based on political motives (persecution of opposition-minded individuals, use of EAW for political pressure);
- Statute of limitations. If the statute of limitations for prosecution of the offense specified in the EAW has expired, the warrant may be challenged.
Challenging a European Arrest Warrant is a complex legal process requiring deep knowledge of international and national law. Our team of professional attorneys will assist in conducting a detailed analysis of the warrant for errors and violations, prepare a well-founded statement for contesting it, and, if necessary, represent your interests in court and other authorities to minimize potential legal consequences.
Legal procedures of contestation
After being detained based on an EAW, the individual has the right to a review of the warrant’s legality. The local court in the country of detention evaluates the content and compliance of the warrant with the requirements. The grounds for detention, the description of the crime, and the justification for extradition are examined. The court may recognize the warrant as valid or refuse its execution.
If the order was deemed valid, the detained person may file an appeal. The petition is submitted to the higher court of the country where the detention decision was made. Appellate courts are required to consider such cases as a priority, usually within 30–60 days.
For a successful appeal, it is required:
- Copy of EAW: full form of the warrant with a description of the crime and grounds for extradition;
- Court documents: case materials, if available;
- Evidence of discrepancies: supporting grounds for appeal documents or testimonies;
- Evidence of human rights violations: medical certificates, reports from international organizations, etc.
Even after the warrant is confirmed, the individual has the right to defense during the extradition procedure. An attorney can prepare legal arguments to minimize the consequences of extradition, ensure compliance with all procedural norms during the transfer of the individual, and monitor guarantees of a fair trial in the initiating country.
How to Figure Out if you Have a European Arrest Warrant?
If you suspect that you might be the subject of such a warrant, it is important to quickly and correctly check your status to avoid detention and protect your rights.
The first and most important step is to consult with a qualified attorney who has experience working with European Arrest Warrants. The lawyer can request information from the relevant authorities on your behalf. You will receive professional legal assistance if a warrant exists. For this, prepare all your documents (passport, identification details), and then inform the attorney about any known circumstances that may be related to the suspicion of a crime.
EAW are registered in the Schengen Information System, which is accessible to law enforcement agencies of EU countries. Law enforcement agencies can verify personal data with the SIS database during document checks, border crossings, or upon request. A lawyer can submit a request to the competent authorities to check for information in the SIS database. It is also possible to personally contact the authorities of the country of your citizenship or residence to inquire about your status.
You can submit a request about your status in the SIS database or the presence of a European Arrest Warrant through national law enforcement authorities (police or prosecutor’s office). If you know that a criminal case might have been initiated against you, request information from the judicial authorities of the country.
According to EU legislation, you have the right to know whether your data is included in the SIS and, if necessary, to request its correction or deletion.
If you suspect that an EAW was issued by another EU country, your lawyer can contact the relevant authorities of that state through the European Judicial Cooperation Network (Eurojust) or the national contact points of EU countries. The lawyer will prepare a request based on your statement to obtain information about the legal grounds of the warrant.
Our leading attorney, Dmitry Konovalenko, recommends not to wait for emergency situations. If you have suspicions about a possible warrant, start checking in advance. It is also recommended to act through a professional attorney. Independent inquiries may be less effective and legally vulnerable.
Countries where the European Arrest Warrant is issued
European Arrest Warrant is applied in the territory of all countries of the European Union: Austria, Belgium, Bulgaria, Hungary, Germany, Greece, Denmark, Ireland, Spain, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Finland, France, Croatia, Czech Republic, Estonia.
In addition to EU member states, the EAW can also be applied in countries that have special agreements with the EU: Norway, Iceland, Switzerland, Liechtenstein. These states cooperate with the European Union within the framework of judicial cooperation agreements that extend the application of the EAW to their territory.
Contact our lawyers regarding extradition issues.
If you have become the subject of an EAW, this can have serious consequences for your freedom of movement, reputation, and legal status. In such situations, it is extremely important to enlist the support of an experienced attorney who can competently defend your rights and help you deal with legal complexities.
Our team of experienced lawyers offers a full range of services related to the European Arrest Warrant. We work quickly, efficiently, and professionally to protect your interests.
Our attorneys will thoroughly examine your situation, review the grounds for the warrant, and assess the legality of its issuance. We will provide clear and understandable explanations regarding your legal position and defense options.
Lawyers will prepare and file a motion to contest the warrant if there are grounds for its cancellation. Our lawyers will represent you in court to ensure your rights are upheld at all stages of the process.
If extradition is inevitable, we will ensure that the procedure is carried out in strict accordance with the law and minimize possible consequences for you.
Contact us right now for an initial consultation and the development of an effective dispute strategy. Our team of professional lawyers is ready to provide you with effective protection and help you deal with any legal challenges.
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FAQ
What is a European Arrest Warrant (EAW)?
European Arrest Warrant is a legal instrument used by EU countries to simplify the process of transferring individuals suspected or convicted of criminal offenses. EAW allows for the quick and efficient transfer of individuals from one EU country to another, avoiding complex diplomatic procedures. The warrant is issued for crimes punishable by at least one year of imprisonment or for the execution of a sentence if the imprisonment is at least 4 months.
How long does extradition under a European Arrest Warrant take?
In standard cases, the procedure takes up to 60 days from the moment of detention. If the warrant is appealed, the period can be extended to 90 days or more for additional review.
In what cases can a European Arrest Warrant be contested?
A European Arrest Warrant can be contested if the crime does not meet the principle of double criminality, there is a risk of human rights violations, the warrant was issued with procedural violations or is based on insufficient evidence, or the prosecution is politically motivated.