European Arrest Warrant: definition, procedure and defence

European Arrest Warrant Lawyer

A European Arrest Warrant (EAW) is a judicial surrender procedure between Member States of the European Union. It enables one Member State to request the arrest and surrender of a person sought in another Member State, either for the purpose of criminal prosecution or for the enforcement of a custodial sentence.

A European Arrest Warrant (EAW) is a judicial surrender procedure between Member States of the European Union. It enables one Member State to request the arrest and surrender of a person sought in another Member State, either for the purpose of criminal prosecution or for the enforcement of a custodial sentence.

Table of Contents

What is a European Arrest Warrant?

The European Arrest Warrant is defined by Article 695-11 of the French Code of Criminal Procedure. It is a judicial decision issued by a Member State of the European Union requesting another Member State to arrest and surrender a requested person.

It may be issued:

  • to enable criminal proceedings in the issuing State;
  • to enable criminal proceedings in the issuing State;
  • more generally, to ensure the swift surrender of a requested person within the European Union.

The firm has already published a general overview of this subject: The European Arrest Warrant.

How does it differ from traditional extradition?

A European Arrest Warrant should not be confused with traditional extradition. Extradition generally concerns relations with countries outside the European Union or situations governed by specific international treaties.

By contrast, the European Arrest Warrant is based on judicial cooperation between Member States of the European Union. The procedure is simplified, the time limits are shorter, and the Investigating Chamber plays a central role.

By contrast, the European Arrest Warrant is based on judicial cooperation between Member States of the European Union. The procedure is simplified, the time limits are shorter, and the Investigating Chamber plays a central role.

How does the European Arrest Warrant procedure work in France?

In practice, the requested person may be arrested in France on the basis of a European Arrest Warrant. They are then brought before the Prosecutor General, who informs them of the existence of the warrant, its contents, and their rights.

In practice, the requested person may be arrested in France on the basis of a European Arrest Warrant. They are then brought before the Prosecutor General, who informs them of the existence of the warrant, its contents, and their rights.

The requested person may either consent to or refuse their surrender. This decision is significant because consenting may considerably speed up the procedure. Before taking a position, it is essential to understand the consequences of surrender and the possible grounds of defence.

To better understand the role of this court in international surrender proceedings, see: The Investigating Chamber and extradition: what is its role?

What are the time limits for a European Arrest Warrant?

The short time limits are one of the most important features of the European Arrest Warrant procedure. Under French law, the final decision on the execution of the warrant must, in principle, be made within sixty days of the requested person's arrest.

Exceptionally, if the decision cannot be delivered within that period, the Prosecutor General must inform the judicial authority of the issuing State. In such circumstances, the deadline may be extended by a further thirty days.

Where surrender is authorised by a final decision, it must, in principle, take place within ten days. These strict deadlines explain why the defence must be organised immediately following the arrest.

Key takeaway

The European Arrest Warrant is a fast-track procedure. From the moment of arrest, the requested person should seek legal assistance to analyse the warrant, the applicable time limits and any potential grounds for refusing surrender.

Can a European Arrest Warrant be refused?

Yes, in certain circumstances. The French Code of Criminal Procedure provides both mandatory and optional grounds for refusing to execute a European Arrest Warrant, notably in Articles 695-22 and 695-24.

Among the situations that may be examined are:

  • the existence of a final judgment already delivered in respect of the same facts;
  • the existence of a final judgment already delivered in respect of the same facts;
  • the age of the requested person at the time of the alleged offence;
  • amnesty or the extinction of criminal proceedings in certain circumstances;
  • criminal proceedings already initiated in France;
  • offences committed wholly or partly on French territory;
  • offences committed wholly or partly on French territory;

These grounds must be analysed carefully. They do not apply automatically and depend on the facts of the case, the content of the warrant, the requested person's individual circumstances and the evidence contained in the case file.

For an overview of how traditional extradition may be challenged, see: Can Extradition Be Refused or Challenged?

What is the lawyer's role in a European Arrest Warrant case?

A lawyer becomes involved from the very first hours of the proceedings to explain the procedure, obtain access to the case file, verify the validity of the warrant and prepare the defence before the Investigating Chamber.

In particular, a lawyer can:

  • analyse the contents of the European Arrest Warrant;
  • verify the procedure and the applicable time limits;
  • advise the requested person on whether to consent to or refuse surrender;
  • advise the requested person on whether to consent to or refuse surrender;
  • prepare written submissions or observations;
  • represent the requested person before the Investigating Chamber;
  • organise the next procedural steps following the court's decision.

Where a person has been arrested, the situation may evolve very quickly. The following article may also be useful: Arrest for extradition: what should you do immediately?

Ms. Lois Pamela LESOT, a criminal defence lawyer based in Paris, practises in criminal law, criminal procedure, extradition and European Arrest Warrant proceedings. She represents requested persons before the French courts.

Useful resources on the European Arrest Warrant and extradition

FAQ: European Arrest Warrant

Is a European Arrest Warrant the same as extradition?

No. Although both procedures aim to surrender a requested person to another State, the European Arrest Warrant applies between Member States of the European Union and follows a faster and more streamlined procedure than traditional extradition.

Can a European Arrest Warrant be challenged?

Yes, in certain cases. The defence may rely on mandatory or discretionary grounds for refusing execution, but these grounds must be established on the basis of the case file and the applicable legal provisions.

How long does the procedure take?

The final decision must, in principle, be delivered within sixty days of the requested person's arrest. This period may be extended by thirty days in exceptional circumstances.

Is it necessary to have a lawyer from the moment of arrest?

Yes. A lawyer helps the requested person understand the warrant, assess the consequences of consenting to surrender and prepare the legal arguments before the Investigating Chamber.

Need a lawyer for a European Arrest Warrant?

Are you the subject of a European Arrest Warrant or another international surrender procedure? Ms. Lois Pamela LESOT, Attorney at the Paris Bar, can assist you in analysing the warrant, preparing your defence and protecting your rights.

Ms. Lois Pamela LESOT
Phone: +33 6 52 02 54 42
Email: lesot@loispamelalesot.com

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