More effective extradition procedures: European arrest warrant

KEY POINTS

The European arrest warrant (EAW) replaces the extradition system. It requires each national judicial authority to recognise and act on, with a minimum of formalities and within a set deadline, requests made by the judicial authority of another EU country. A warrant asks for a person to be handed over so that:

• a criminal prosecution can be conducted;
• the person can be placed in custody or detention.

The warrant applies in the following cases:

• offences punishable by imprisonment or a detention order for a maximum period of at least 1 year;
• where a final custodial sentence has been passed or a detention order has been made, for sentences of at least 4 months.

Proportionate use of the warrant

EU countries must take the following into consideration (non-exhaustive list):

• the circumstances and the gravity of the offence;
• the likely sentence;
• less coercive alternative measures.

When an individual is arrested, he/she must be informed of the contents of the arrest warrant.

In which cases must EU countries refuse to act on a warrant?

• If an EU country has already handed down a final judgment on the person concerned for the same offence.
• If the offence is covered by an amnesty in the EU country asked to hand over the perpetrator.
• If the person concerned may not be held criminally responsible by the EU country asked to act on the warrant, owing to his/her age.

Rules to ensure procedural rights in arrest-warrant proceedings

These include:

• Directive 2010/64/EU on the right to translation and interpretation in criminal proceedings;
• Directive 2012/13/EU on the right of subjects to be informed of their rights;
• Directive 2013/48/EU on the right to have access to a lawyer and the right of persons in custody to communicate with family members and employers;
• Directive (EU) 2016/1919 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in EAW proceedings.

Room for improvement

The European Commission adopted its first report on EAW in 2011. It found that although the European arrest warrant was very successful in helping EU countries fight crime, several areas could be improved further, including:

• transposition;
• correct application;
• proportionality;
• ensuring procedural rights.

The Commission adopted the 4th Implementation Report on the EAW in July 2020.