The European Arrest Warrant (EAW) is a complex legal mechanism involving individuals arrested in one of the EU member states. Successfully challenging an EAW without highly specialized legal support is extremely difficult, bordering on impossible. Our team of qualified solicitors possesses in-depth knowledge of international law, the workings of relevant courts, and law enforcement agencies. Therefore, we are prepared to verify the compliance of an EAW with legal standards and protect our client’s interests in the event of unfounded accusations being made.
The European Arrest Warrant (EAW) is a legal tool designed to speed up and simplify the extradition process within the European Union. It was introduced in 2004, and since then, it has replaced traditional extradition procedures. This allows for a significant reduction in the time it takes to transfer suspects or accused individuals between EU countries.
The European Arrest Warrant was created to minimize administrative and legal barriers, enabling countries to transfer wanted individuals without the need to navigate through complex bilateral extradition agreements. Such a warrant is valid across the entire European Union, and its acceptance by other EU member states occurs automatically.
Another frequently asked question regarding this legal instrument is – how long does a European Arrest Warrant last? The executing state must make a final decision on the execution of the EAW within 60 days after the arrest. If the person agrees to surrender, the decision must be made within 10 days.
However, the EAW remains in effect as long as there is a need for its execution and does not have a strict expiry date. The warrant will remain active until the individual is apprehended or the initiating country revokes it.
What are the functions of a European Arrest Warrant?
The European Arrest Warrant was introduced to facilitate cooperation between EU countries in matters of arrest and surrender of individuals for criminal prosecution or the execution of sentences. Its main task is to speed up and simplify the extradition process through the creation of a unified information system. The EAW provides for the automatic recognition of the warrant by all EU countries, eliminating the need for a complex approval process. This significantly reduces the time required to process a case to 60 days.
The EU strengthens the justice system within the EU, helping countries to respond more quickly to threats and combat cross-border crime more effectively.
The process of issuing a European Arrest Warrant
The procedure for executing the European Arrest Warrant begins with the issuance of a national arrest warrant against an individual. Following this, the competent authority must fill out the EAW form as provided for by the Framework Decision and include all necessary information:
Identification details of the person sought;
The nature and qualification of the crime;
Evidence or verdict;
Maximum and minimum punishment.
The crime must be criminally punishable in both countries, with the exception of a list of 32 serious crimes for which this principle does not apply if the punishment is imprisonment for 3 years or more.
The European Arrest Warrant is transmitted to the competent central authority or the National Interpol Bureau via the Secure Electronic Communication System between EU judicial authorities (SIRENE or the European Judicial Network). Upon receipt, the executing country checks the EAW for compliance with formal requirements.
To locate the individual in question, national databases and information from the Schengen Information System (SIS II) are utilised. The arrest of the person is carried out by competent law enforcement agencies in accordance with the national legislation of the executing country.
Challenging European arrest warrants
The use of the European Arrest Warrant (EAW) can be erroneous and may lead to serious human rights violations. Let’s take a closer look at the grounds for challenging an EAW:
Human rights violations. Article 6 of the ECHR – Right to a fair trial. Article 3 of the ECHR – Prohibition of torture, inhuman or degrading treatment. Article 8 of the ECHR – Right to respect for private and family life.
Errors in identification. The absence of photographs, fingerprints, or DNA can make accurate identification of a person of interest difficult. Inaccuracies in the name, date of birth, or other details may lead to an innocent person being mistakenly arrested.
Weak evidence base. If the provided evidence does not support the validity of the accusations, the court may refuse to enforce the EAW (European Arrest Warrant).
The principle of dual criminality. The offense must be recognised as criminally punishable in both countries (pertains to crimes not included in the list of 32 under the European Arrest Warrant Framework Decision);
Statute of limitations. If the statute of limitations for a case has expired in accordance with the legislation of the country of enforcement, this may serve as a basis for refusal;
The principle of “ne bis in idem”. If the person sought has already been convicted or acquitted for the same crime in another country, the European Arrest Warrant (EAW) can be contested.
In the process of contesting a European Arrest Warrant, it’s crucial to secure legal support from an experienced solicitor as early as possible. The specialist will thoroughly examine the EAW, analyze its compliance with formal requirements, identify any potential procedural violations, and gather the necessary evidence for an appeal.
Determining the legality of a European arrest warrant
One of the initial steps in assessing the legality of a warrant is to check the grounds for its issuance. An EAW (European Arrest Warrant) can only be issued if the crime carries a penalty of at least one year of imprisonment. There are also instances where the warrant is aimed at enforcing a sentence, and the punishment is at least four months of imprisonment. It’s crucial to ensure that the crime falls under the category of criminal offenses in both jurisdictions.
To ensure the legality of the warrant, the lawyer analyzes whether the country that issued the European Arrest Warrant (EAW) had the necessary jurisdiction to proceed with the case. If the crime was committed in another country, it raises the question of whether the state that issued the warrant has the right to initiate criminal prosecution.
The lawyer will also check whether the warrant is politically motivated. It’s important for the European Arrest Warrant (EAW) to have a legal basis to avoid the risk of abuse.
The European Arrest Warrant must adhere to European human rights protection standards. It’s crucial to eliminate any violations of the following: the right to a fair trial, protection against double jeopardy, and protection against torture and inhumane treatment. Furthermore, the warrant must include the following mandatory legal bases and information: a description of the crime, legal classification of the offense, and references to the relevant criminal articles. Incomplete or inaccurate information in the warrant can serve as grounds for it to be deemed illegal and for refusal of execution.
How can you find out if there is a European Arrest Warrant out for you?
Having your name in the European Arrest Warrant database can have negative consequences for your freedom of movement and business reputation. Therefore, it’s important to check for the presence of an EAW as soon as possible in order to take proactive steps to protect your rights and interests. There are several ways to do this.
The first option is to contact the national database. In every country, there is an authorized body responsible for access to the SIS II data (this is usually the national police authority or the Home Office). SIS II is a shared database of the Schengen Agreement countries, containing information on persons wanted, missing persons, and objects.
Direct access to the SIS II for individuals is restricted. However, you have the right to request information about yourself in accordance with national data protection laws. You can submit an official written request specifying your personal details and asking for information on any records about you in the SIS II. Please attach a copy of your passport or another form of identification.
Another possible method is to conduct a check through Interpol, which issues red notices for the international search of individuals. You can perform a search on the official website, or for greater reliability, submit a request to the Interpol’s Commission for the Control of Files (CCF) asking them to provide information on whether there are any records in your name. However, not all European arrest warrants are accompanied by an Interpol red notice.
And the third option is to directly approach the national law enforcement agencies. You’ll be able to get information directly, but there’s a risk of being detained if there truly is a warrant out for your arrest. It’s better to send a written request to the law enforcement agencies asking them to confirm whether or not there is a warrant issued in your name.
A qualified solicitor will conduct a legal analysis, assess your situation and potential risks, and thereafter submit official inquiries to the relevant authorities on your behalf. If necessary, our team is ready to represent your interests in court and law enforcement agencies.
Countries in which a European Arrest Warrant is issued
A European Arrest Warrant is issued and valid across all 27 EU member states: France, Germany, Spain, Italy, Poland, the Netherlands, and others. The EAW is also recognised in countries within the European Free Movement Area that are not part of the EU: Norway, Iceland, and Switzerland.
It’s also worth considering the issue of the European Arrest Warrant (EAW) in the UK. Following its departure from the EU, the country no longer participates in the EAW system. However, a new agreement on legal assistance has been reached between the United Kingdom and EU member states as part of the Trade and Cooperation Agreement, which came into effect on 1 January 2021. This new system allows for the continued exchange of information and coordination of extradition for suspects and convicted individuals.
Extradition process
The European Arrest Warrant simplifies and speeds up the procedure. Extradition between EU countries, the procedure begins with the competent authority of the requesting country filling out a standard European Arrest Warrant (EAW) form: identification details, information about the crime, legal classification of the act, references to the relevant legal norms, and information about the sentence or detention order.
The order is transmitted to the executing country via the Schengen Information System II, and in the absence of access to SIS II, through the European Judicial Network or other means of instant communication.
The police or another law enforcement agency in the executing country carries out the arrest or detention of a person in accordance with national legislation. The judicial authority must inform the individual about the existence of the EAW, their right to a lawyer and an interpreter. At the preliminary judicial hearing, the identity of the detainee is verified, and the conditions of their detention are assessed. If the detainee voluntarily agrees to be surrendered, the process is expedited to 10 days (the standard period is 60 days from the time of arrest). Then, the court makes a final decision on whether to surrender or refuse to surrender the wanted person.
The detained individual has the right to appeal the decision at higher courts. The procedures and deadlines for the appeal are determined by the national legislation of the executing country.
The transfer must be carried out by law enforcement agencies of both countries within 10 days from the moment of the court’s final decision. In the event of insurmountable circumstances, the deadlines may be extended.
Please contact our solicitors regarding extradition law matters.
If an EAW has been issued in your name and you are at risk of extradition, it’s crucial to seek qualified legal assistance as soon as possible. Our team of Interpol lawyers prepared to assess the legitimacy of the request and defend your rights at all stages of the extradition process.
A solicitor will check the legal validity of a warrant or request, assess its compliance with international and national legislative norms, and then identify grounds for its appeal. An experienced barrister will be able to utilize international conventions and legislative acts to protect the client from unjust persecution.
Our specialists can also file an appeal on your behalf and will represent the client’s interests in court. This will help avoid procedural errors and significantly increase the chances of a favorable outcome at the hearing. If necessary, a solicitor will provide defense during detention, assist in challenging a warrant in court, and file an appeal.
We offer a tailored approach to each case, taking into account all the unique circumstances and needs of the client. You will receive comprehensive legal support, from the initial assessment of legality to defense in court and appellate bodies. Contact us right now to discuss your case and develop an effective defense strategy.
Dmytro Konovalenko
Senior Partner, Attorney-at-law, admitted to the Bar (Certificate to practice Law #001156)
Lawyer specializing in extradition and Interpol cases, with membership in the International Bar Association. In five years of practice, Dmitry has defended clients against persecution by law enforcement agencies in the United States, Russia, Uzbekistan, Ukraine, Russia and other countries. He has successfully applied measures to prevent a manhunt at early stages and specializes in defending in complex cases involving economic, political and military charges.
