International Criminal Defense · European Arrest Warrants

European Arrest Warrant (EAW) Defense

Facing a European Arrest Warrant, or unsure whether one has been issued against you? Our network includes a licensed lawyer in the relevant jurisdiction to challenge the warrant.

Direct answer: a European Arrest Warrant is a fast-track surrender mechanism used between EU member states (plus Norway and Iceland under a parallel agreement) that replaces traditional extradition for most intra-EU cases. Since Brexit, the UK operates under a separate, broadly similar surrender arrangement under the UK–EU Trade and Cooperation Agreement rather than the EAW itself. Timelines are much shorter than conventional extradition, and for a defined list of serious offences the executing court cannot even examine dual criminality.

SN Reviewed by Sharon Nahari, Managing Partner and Head of Extradition & INTERPOL, Global Lawyers Link
How We Work

Local Counsel, Coordinated for You

Global Lawyers Link is an international legal referral and coordination network, not a law firm licensed in any single jurisdiction.

Our network includes licensed lawyers in the relevant jurisdiction for your matter, working together on strategy from day one. Representation before any court is always handled directly by the network lawyer admitted to practice there.

How It Works

How a European Arrest Warrant Actually Works

An EAW is issued by a judicial authority, not a political body, and is designed to move quickly by design.

32

Framework List Offences

For 32 categories of serious crime, the executing court cannot re-examine whether the conduct is also a crime locally (no dual criminality check).

10–60

Day Timeline

Consent cases are meant to resolve within 10 days; contested cases within 60 days — far faster than conventional extradition.

§

Judicial Authority Only

An EAW must be issued directly by a court or judicial authority, with no ministerial or political involvement in the request itself.

UK

Post-Brexit Arrangement

The UK no longer participates in the EAW scheme; surrender to and from the UK now runs under the UK–EU Trade and Cooperation Agreement.

Grounds to Challenge

Grounds to Challenge a European Arrest Warrant

EAWs move fast, but they are not automatic. Courts must refuse surrender on certain grounds, and may refuse on others.

  • 01
    Mandatory Refusal GroundsIncludes amnesty in the executing state, prior acquittal or conviction for the same conduct (ne bis in idem), and the person being below the age of criminal responsibility there.
  • 02
    Optional Refusal GroundsIncludes an ongoing prosecution for the same conduct in the executing state, expiry of a limitation period, or a conviction handed down in absentia without proper notice.
  • 03
    Proportionality ChallengesSome EAWs are issued for genuinely minor offences; courts in several member states have refused surrender where it would be disproportionate.
  • 04
    Human Rights BarsSurrender can be barred where it would breach fundamental rights, including prison conditions or fair trial concerns in the issuing state.

Dealing With European Arrest Warrants?

Tell us what has happened and where. We will confirm what applies and bring in the right network lawyer — in confidence.

Contact Us
Frequently Asked

Common Questions

Is a European Arrest Warrant the same as extradition?

It serves the same purpose — surrendering a person to face prosecution or serve a sentence — but operates on a faster, more streamlined legal basis between participating states than traditional extradition.

Can I be surrendered without a hearing?

No. Even in fast-track cases, a court in the country where you are located must review the warrant and you are entitled to legal representation at that hearing.

Does an EAW still apply to the UK after Brexit?

No. The UK now operates under its own surrender arrangement with the EU under the Trade and Cooperation Agreement, which is similar in structure but legally distinct from the EAW scheme.

Can an EAW be issued for a minor offence?

It can, though a growing number of courts apply a proportionality check and have refused surrender for genuinely low-level matters.

Contact Us for a Confidential Case Review

Tell us what has happened, the country involved, and any documents you have received. We will respond directly and confidentially, and bring in the right network lawyer if representation is needed.

Call +30 697 027 1489