What is the European Arrest Warrant?
The European Arrest Warrant (EAW) is a legal instrument that allows for the swift surrender of wanted individuals between EU member states, simplifying the extradition process. Introduced through Framework Decision 2002/584/JHA, it replaced the complex traditional extradition procedures, ensuring greater efficiency in judicial cooperation.
How Does the European Arrest Warrant Work?
The EAW is issued by a judicial authority of a member state and is valid across the entire EU. It can be used for:
✔ The arrest and surrender of an individual wanted for a serious offense.
✔ The execution of a sentence for a conviction that has already been pronounced.
Key Features of the EAW
Mutual Recognition
The EAW is based on the principle of mutual recognition between member states.
Reduced Timeframes
The surrender must take place within 90 days of the arrest.
Elimination of Political Control
The process is entirely judicial, removing political interference.
No Double Criminality Requirement for Certain Crimes
For 32 serious offenses (e.g., terrorism, drug trafficking), the principle of double criminality does not apply.
Conclusion
The European Arrest Warrant has revolutionized judicial cooperation within the EU, making the extradition process faster and more effective. However, fundamental rights protections remain in place, including the right to defense and the principle of proportionality.