
European Arrest Warrant, Cross-Border Cases

The European Arrest Warrant (EAW) is a procedure used in the European Union to simplify and expedite the extradition of individuals wanted in connection with criminal proceedings or the execution of a sentence.
A defense attorney's assistance may be essential, especially if you wish to challenge the extradition or need support in understanding complex procedures. You may have grounds to oppose the execution of an EAW, for example, if the warrant violates your fundamental rights, if there is a risk in the issuing country that you will not receive a fair trial (e.g., due to poor prison conditions or lack of judicial independence), if the warrant is inadequately justified, or if it concerns offenses that are not recognized as crimes in the country where you were detained (the principle of double criminality). A defense attorney can help you prepare arguments against extradition, for instance, by citing the disproportionality of the EAW's application or violations of human rights (Article 3 or 6 of the European Convention on Human Rights). The attorney can also contact a lawyer in the issuing country to learn more about the case and develop a joint strategy.