Quick answer: A European Arrest Warrant (EAW) is a fast-track surrender mechanism between EU member states, replacing the slower traditional extradition process within the EU. For 32 listed categories of serious offence, the requested country cannot refuse on dual criminality grounds.
How an EAW Differs From Traditional Extradition
Traditional extradition typically involves a diplomatic request, judicial review of dual criminality, and often a lengthy court process. The EAW system removes much of this: a judicial authority in one member state issues the warrant directly to a judicial authority in another, with no diplomatic involvement required. For 32 specific categories of serious crime, the requested state cannot refuse on the basis that the conduct isn't domestically a crime, provided it meets a minimum sentence threshold in the issuing state.
Grounds to Resist an EAW
Despite its streamlined design, an EAW is not unconditional. Common grounds include:
- Ne bis in idem — already finally judged for the same conduct in an EU member state.
- Age of criminal responsibility — the conduct wouldn't be an offence for a person of that age in the requested state.
- Statute of limitations — the offence is time-barred under the requested state's own law.
- Fundamental rights concerns — CJEU case law allows courts to pause surrender where there's a genuine risk of inhuman or degrading treatment.
- Proportionality — some courts have refused surrender for minor offences disproportionate to the disruption caused.
Nationality Is Not a Blanket Shield
A common misconception is that EU citizens cannot be surrendered by their own country under an EAW. In most member states this is false — nationality can be a relevant factor, and some countries impose conditions, but it is not by itself a basis for refusal.
Because the EAW process moves quickly by design, engaging counsel immediately upon arrest — not after an initial hearing — is significantly more effective than building a defence once the process is already underway.
This article is provided for general informational purposes only and does not constitute legal advice. Outcomes depend on the specific facts of a case and the jurisdictions involved. Readers facing an actual or anticipated matter should seek advice from qualified counsel before making decisions.