The European Arrest Warrant (EAW) is a judicial decision issued by a competent authority of an EU Member State, requesting the arrest and surrender of an individual for the purpose of conducting a criminal prosecution or executing a custodial sentence or detention order.
To issue a European Arrest Warrant, certain requirements must be met:
- Offenses Covered: The EAW applies to crimes that are punishable by a custodial sentence or detention order of at least 12 months. For the execution of a custodial sentence or detention order, the remaining sentence must be at least four months.
- Dual Criminality Principle: For certain serious offenses, the principle of dual criminality (i.e., the act must be considered a crime in both the issuing and executing states) is not required. These offenses include terrorism, human trafficking, drug trafficking, and corruption, among others.
- Proportionality: The issuing authority must ensure that the EAW is proportional to the offense. Factors such as the seriousness of the offense, the impact on the victim, and the costs of execution are considered.
- Procedural Safeguards: The individual subject to the EAW has the right to legal defense and access to information about the warrant. The executing state must ensure compliance with fundamental rights.
The implementation and execution of the European Arrest Warrant have simplified and expedited the extradition process within the European Union, promoting judicial cooperation and mutual trust among Member States.