European Arrest Warrant
E172045
The European Arrest Warrant is a streamlined cross-border judicial procedure within the European Union that enables the swift arrest and surrender of individuals between member states for prosecution or to serve a custodial sentence.
All labels observed (1)
| Label | Occurrences |
|---|---|
| European Arrest Warrant canonical | 4 |
Statements (49)
| Predicate | Object |
|---|---|
| instanceOf |
European Union legal instrument
ⓘ
extradition mechanism ⓘ judicial cooperation instrument ⓘ |
| adoptedBy | Council of the European Union ⓘ |
| adoptionDate | 2002-06-13 ⓘ |
| appliesTo |
European Union member states
ⓘ
persons sought for criminal prosecution ⓘ persons sought for execution of a custodial sentence ⓘ persons sought for execution of a detention order ⓘ |
| basedOnPrinciple | mutual recognition of judicial decisions ⓘ |
| canBeRefusedOnGrounds |
age of the person sought
ⓘ
amnesty in the executing state ⓘ ne bis in idem ⓘ |
| category |
European criminal law
ⓘ
mutual legal assistance in criminal matters ⓘ |
| containsSafeguard |
prohibition of surrender if risk of inhuman or degrading treatment
ⓘ
protection of fundamental rights ⓘ specialty rule limiting prosecution to offences underlying the warrant ⓘ |
| criticisedFor |
disparities in criminal justice standards between member states
ⓘ
potential impact on fundamental rights and procedural safeguards ⓘ |
| enteredIntoForce | 2004-01-01 ⓘ |
| executedBy | judicial authority of another EU member state ⓘ |
| geographicalScope | European Union ⓘ |
| hasAbbreviation | EAW ⓘ |
| hasOfficialName | European Arrest Warrant self-link ⓘ |
| implementedThrough | national legislation of EU member states ⓘ |
| includesConcept |
double criminality
ⓘ
list of 32 categories of offences for which double criminality is waived ⓘ surrender of persons ⓘ |
| interpretedBy | Court of Justice of the European Union ⓘ |
| issuedBy | judicial authority of an EU member state ⓘ |
| languageRequirement | must be translated into the official language required by the executing state ⓘ |
| legalBasis | Council Framework Decision 2002/584/JHA ⓘ |
| minimumThreshold |
offences punishable by at least 12 months of imprisonment for prosecution
ⓘ
sentences of at least 4 months of imprisonment for execution ⓘ |
| monitoredBy | European Commission ⓘ |
| purpose |
to enable execution of custodial sentences or detention orders in another member state
ⓘ
to enable prosecution of persons in another member state ⓘ to simplify and speed up the surrender of persons between EU member states ⓘ |
| relatedTo |
EU area of freedom, security and justice
ⓘ
Schengen acquis ⓘ |
| replaced | traditional extradition procedures between EU member states ⓘ |
| replacedInstrument | European Convention on Extradition procedures between EU states in many cases ⓘ |
| requires |
direct communication between judicial authorities
ⓘ
standardised warrant form ⓘ |
| supportedFor |
efficiency in cross-border criminal justice
ⓘ
facilitating fight against serious cross-border crime ⓘ |
| timeLimit |
10 days for surrender after final decision
ⓘ
normally 60 days from arrest to decision on execution ⓘ |
Referenced by (4)
Full triples — surface form annotated when it differs from this entity's canonical label.
European Union area of freedom, security and justice
→
includesInstrument
→
European Arrest Warrant
ⓘ