European Arrest Warrant Lawyer

What is the European Arrest Warrant?

To put it simply, the EAW is a tool for international criminal justice cooperation that has replaced all extradition provisions between EU member states. It brings a new discipline to the relationship between judicial authorities regarding surrender, both for those subject to prosecution warrants (those wanted for arrestable crimes who have allegedly escaped justice) and for those subject to precautionary measures or final sentences (those who have either escaped their final sentence or have not served it).

Facilitating the surrender of sought people inside the European region is the ultimate goal of this device.

The need to deal with criminal responsibility cases that have transnational dimensions and have across EU borders compelled the parties to this agreement, which is part of the ever-increasing cooperation in criminal affairs among the EU Member States.

The EAW has greatly improved the effectiveness of Europol enforcement since its adoption. By encouraging tighter legal and judicial cooperation, it enhances the EU’s collective security framework and makes it less likely that offenders would be able to escape to another EU nation to avoid prosecution.

How does the European Arrest Warrant Work

This takes place as part of the judicial authorities of the member states of the EU working together more closely and directly. The judge or court hearing the matter has the power to issue the detention order, and the person with the ability to carry it out in Spain is the Central Preliminary Examining Judge of the National High Court (or the Central Juvenile Court, if the child is under 18).

The fundamental premise of the EAW is reciprocity, which means that when the judicial authorities of one member state issue one, it is legally valid across the whole EU area. The issuing and execution of the warrant must occur in different nations; according to this theory, the circumstances must be criminalized twice. Terrorism, involvement in a criminal organization, sexual exploitation of kids, and other offenses stated in the statute are among those that have extradition exclusions, which is a positive aspect. The executing country maximum punishment is three years in jail; that’s all that’s needed.

The Process of European Arrest Warrant

Even while the EAW makes extradition throughout the EU easier, the actual procedure might range greatly from one EU member state to another owing to variations in domestic legislation and court processes. The common EAW process is as follows:

1. As soon as a court in one EU member state issues an EAW seeking the arrest of a requested person known to be in another EU member state, the procedure has begun. A significant felony conviction or suspect is the basis for this warrant.
2. Ensuring that the extradition requests reach the proper court body in the person’s own nationals, the warrant is thereafter delivered to the executing judicial authority using secure judicial networks.
3. The authorities in the state that is carrying out the execution are tasked with finding and apprehending the requested person after they get the EAW. The individual is apprised of their rights, including the right to legal counsel and the ability to provide their agreement to surrender, upon arrest and notified of the warrant.
4. After that, a hearing is held by the own nationals judicial authority to determine whether the warrant should be executed. The extradition must not violate the individual’s rights or the principles of double jeopardy, and the validity of the warrant must be confirmed in this judgment.
5. After a judge signs off on the extradition, the requested person is prepared to hand themselves up to the government of the issuing state.

Although the EAW is intended to be applied consistently across the EU countries, differences in national legislation may cause inconsistencies in the procedure. For example, the amount of proof needed or the criteria for rejection may vary from one executing country to another. These variations may impact how long the legal process takes and how certain rights are approached.

People going through the EAW process should be sure to retain the services of an attorney, as it is a complex and unpredictable process. To fully understand the unique needs and legal complexities of each EU country, it is wise to consult with our attorneys who specialize in extradition law. Supporting the defense, negotiating extradition terms, or challenging a warrant on several mandatory grounds (including possible human rights violations) are also within our expertise.

Challenging EAW

There are several reasons to issue a European warrant arrest. So, fighting a European arrest warrants isn’t simple, but it’s also not impossible with the right kind of help. To begin, consider the following:

1. It is important to verify the accuracy of the EU arrest warrant. While various extradition or SIS notice forms are allowed, there is a common form that is used across EU countries to issue arrest warrants. Still, things go wrong all the time, particularly when it comes to describing the time, location, and charge of the violation.
2. Avoid extortion when humane treatment is a possible penalty. Extraditing suspects or accused individuals is only possible for EU nations provided there is no fear of cruel treatment in the originating country, even while an arrest warrant exists in Europe. An expert’s opinion could be necessary for this.
3. An individual’s right to return to their native country to carry out their sentence is a matter of personal choice. 
4. That crime has a statute of limitations. Even if an EAW is not subject to a statute of limitations, the general criminal law may be. If this is the case, the extradition cannot proceed. Offenses have different statutes of limitations.

It is also possible for an EAW to be rejected due to purely formal mistakes. All arrest warrants are required to include the following details:

• The requested person identity and country, as well as their complete address, phone numbers (including fax and email), and judicial authority contact information.
• You need to specify whether the judicial decision in question is an enforceable sentence, an arrest warrant, or something else entirely.
• It is necessary to include a description of the crime, including its kind, legal categorization, time and place of occurrence, and the accusation against it.
• The EAW must additionally specify the statutory punishment or, in the event of a conviction, the penalty that is imposed.

The likelihood of the arrest warrant not being executed increases in the absence of compliance with certain procedures.

Human Rights Concerns

For there to be a principle of mutual recognition, there must be “mutual trust” among member states that each would uphold shared international responsibilities, most notably the European Convention on Human Rights (ECHR). It is generally not taken into account by national courts that extradition could lead to a violation of human rights. This is because there is a strong assumption that other member states will uphold the ECHR, especially Articles 5 and 6 (right to liberty and fair trial). Presenting strong proof of a very severe infringement according to the standards set by the European Commission is the only option to contest this presumption.

How to Find out if you Have a European Arrest Warrant?

There are no such things as a European arrest warrant database or European arrest warrant list in the public domain. To determine whether an EAW is active against you, there is not yet a straightforward method or mechanism. The objective of the warrant is to locate you and have you arrested, thus the police will likely not tell you anything until you are formally taken into custody by an EAW.

The most reliable way to determine whether an EAW has been issued against you is by consulting with experienced Europol lawyers. These specialized attorneys have the knowledge and legal tools to request and review information from the relevant authorities. They can help you navigate the legal process and provide guidance on your next steps if a warrant is in place.

Can a Court Stop my Surrender?

If a judge or court in the Member State that is carrying out the execution decides to hand you over to the Member State that issued the EAW, it’s their call. No government, including diplomatic representation, may influence the judicial decisions or halt the execution of the EAW. This includes neither the government of the executing state nor your state of nationality.

Even though it’s very impossible to halt the execution of an EAW, there are several reasons that a judge may utilize to refuse to surrender you:

• you are not listed in the EAW or it was not correctly filled;
• you were convicted or acquitted of the identical criminal offence in another judicial authority;
• you are under criminal age in the executing state.

In addition to these formal reasons, the court must refuse to transfer you to the executing state if there is a substantial danger of fundamental rights violations. A court may consider whether the issuing Member State will provide you with a fair trial or if your detention circumstances are cruel or humiliating. If you have specific circumstances or worries, such as how you will be handled in custody if you are surrendered or major bodily or mental health difficulties, notify your counsel.

You may be refused surrender by the court for the following reasons, although it is not required to do so:

• your charge in the issuing Member State is not criminal in the executing judicial authority;
• you are prosecuted for the identical offense in the executing Member State or have already been tried in another EU Member State;
• you were convicted and served time for an identical criminal offence in a non-EU nation;
• an absurd time has transpired since the occurrences;
• the prosecution or punishment deadline has passed;
• the executing member state agrees to let you serve a jail term in its prisons according to its domestic law;
• you were convicted in your absence without being notified of the criminal proceedings or being allowed to choose counsel.

It should be noted that some nations may have other justifications for declining to carry out an EAW. If you want to know how to fight extradition in your unique instance, you should see an attorney.

You might consult a lawyer in the issuing Member State to prepare for this hearing. They might assist you and your lawyer in comprehending the case against you, determine whether the case is ready for trial in the issuing Member State, and seek case papers on your behalf. They might also assess detention risks and other human rights issues. Extradition request assistance from your lawyer or police officials in the executing nation to find counsel in the EAW country.

European Arrest Warrant Countries

Any country that is a part of the European Union is bound by the EAW. At now, this approach is used by twenty-seven member states of the European Union. All member nations of the European Union are covered by the EAW, however it does not extend to non-EU countries. Some European nations, including Switzerland, Iceland, and Norway, are not part of the AWS system, even if they may have other bilateral extradition arrangements with the European Union. The UK has also tried to negotiate such agreements to keep working with EU nations, even though it is no longer a member of the EAW system due to Brexit.

European Arrest Warrant Solicitors

Without serious and competent international legal counsel outside the EU, no one in need of immediate legal aid can fight a AWS

That is the kind of expertise that Interpol Law Firm has. Our Europol lawyers know the way around the EAW procedure. To safeguard your fundamental rights during the lengthy extradition procedures, we provide professional counsel and assistance. Experienced in EAW matters, our international attorneys can advise you on the intricacies of the legal systems of all member states and devise effective defense tactics.

If you believe you might have a European Arrest Warrant issued against you, don’t wait. Contact a Europol lawyer for expert advice and assistance in uncovering and addressing the situation.

Kendall Coffey

Senior Partner

Mr. Coffey is a former U.S. Attorney, Southern District of Florida (1993-1996); and served as Chair of, the Southern District Conference, Florida Federal Judicial Nominating Commission (April 2009 – January 2017).

Phone:

+357 25 059 684

Email:

[email protected]

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