The European Arrest Warrant (EAW) is a simplified cross-border judicial surrender mechanism that replaced traditional extradition between EU Member States. Introduced by the Framework Decision 2002/584/JHA, it allows any EU court to issue a warrant for the arrest and surrender of a person in another EU country.
How does the EAW work?
- A court in the issuing state issues an EAW for a person suspected of committing a crime punishable by at least 12 months imprisonment, or who has been sentenced to at least 4 months.
- The EAW is transmitted to the executing state (where the person is located).
- The executing state must execute the warrant within strict time limits (60 days, extendable to 90 days).
- For 32 categories of offenses, double criminality is not verified – meaning the act does not need to be a crime in the executing state.
Why is the EAW dangerous?
- Speed over substance – the emphasis on speed can compromise the quality of judicial review.
- Mutual recognition flaws – the system is based on mutual trust between judicial systems, but in practice the quality of justice varies significantly across EU states.
- Proportionality concerns – EAWs have been issued for trivial offenses, disrupting people’s lives disproportionately.
- Detention conditions – the executing state should refuse surrender if there is a real risk of inhuman detention conditions, but this assessment is often superficial.
- Polish context – given the well-documented problems with the Polish justice system (pre-trial detention abuse, judicial independence concerns), EAWs issued by Polish courts may raise legitimate concerns.
Defense strategies:
- Challenge the proportionality of the EAW
- Raise human rights concerns regarding detention conditions
- Invoke the passage of time exception
- Challenge the double criminality requirement for non-listed offenses
- Argue ne bis in idem (double jeopardy)
Paweł Osiński
Attorney, expert in cross-border criminal law and EAW proceedings