EAW context

The European Arrest Warrant (EAW) is the key mutual recognition initiative in criminal law.

Entering into force on 1 January 2004, it replaced the traditional extradition system within the EU with an arrest warrant, valid for the entire territory of the EU, which can be issued by Member State authorities. In general, a test of “dual criminality”, namely that the act to which the warrant relates is an offence in both the issuing and executing states, is required, although for a list of thirty-two offences no such test is necessary.

The ECBA has followed the development of this instrument, and has made submissions and representations about the problems encountered by the accused and defendants faced with such proceedings, in particular access to legal advice in both the issuing and executing states.

The framework decision was adopted in haste following the events of 9/11 as an essential tool to tackle terrorism, however there have been concerns about the lack of procedural safeguards in the new system. In the meantime, the procedural rights’ Directives have introduced some balance in this regard, but we are still in a first stage of their practical implementation. Therefore it is too early to say whether the law in action corresponds to the law in books.

Do not hesitate to This email address is being protected from spambots. You need JavaScript enabled to view it. about your experience with the implementation of these Directives in the Scope of the EAW, in particular: