Being the subject of a European Arrest Warrant (EAW) can have serious consequences for your fundamental rights and personal freedom. Since its introduction in 2004 in the aftermath of the September 11 attacks, the EAW has frequently been applied in controversial circumstances. Designed to streamline extradition between EU member states and enable prosecutions and custodial sentences to be pursued across borders, the EAW replaced extradition systems that were considered too slow to address threats such as terrorism and cross-border crime effectively.

While the EAW serves a legitimate purpose in combating serious criminal activity, it is not immune from misuse. Its impact on individual rights can be severe, with those subject to a warrant facing significant restrictions on their freedom even before trial. If you are the subject of a European Arrest Warrant, consulting with experienced extradition lawyers is essential. At Schlun & Elseven Rechtsanwälte, our extradition team is prepared to assess your case and develop a tailored defense strategy on your behalf.

A European Arrest Warrant can be issued by any EU member state and is transmitted directly between judicial authorities on the basis of mutual recognition. It is intended for use in serious cases only and may be issued in two situations:

• to prosecute a person when the offence for which the person is being prosecuted has a maximum penalty of at least 1 year of prison; or
• to execute a custodial sentence or detention order when the sought person has been sentenced to a prison term of at least 4 months.

Therefore, the EAW may only be used for serious criminal offences. In issuing a European Arrest Warrant, the following conditions and requirements must be listed in the warrant:

• Identity and nationality of the person;
• Designation of the judicial authority from which the EAW originates;
• An indication of the existence of enforceable rulings, arrest warrants or other judicial decisions from the issuing Member State;
• Details concerning the nature of the offence;
• Information concerning the offence such as the date, place and circumstances of the offence and the party’s involvement with it;
• Information concerning the penalty or imposed sentence for the offence under the issuing Member State’s law.

Furthermore, the European Arrest Warrant must be translated into the official language (or one of the official languages) of the enforcing Member State. Alternatively, it can also be issued in one of the European institutions‘ official languages accepted by the enforcing state.

For individuals unfamiliar with the EU legal framework, it is important to understand what a European Arrest Warrant means in practical terms. Once issued, the warrant is valid across all EU member states. If you are located in another EU country, local authorities may arrest you and initiate surrender proceedings to transfer you to the issuing state. You do not need to have committed any offense in the country where you are arrested; the warrant issued by another member state is sufficient grounds for your detention.
Strict time limits apply throughout this process. Where an individual does not consent to surrender, the executing country has 60 days from the date of arrest to execute the EAW. During this period, you are entitled to legal representation, the right to be informed of the grounds for your arrest, interpretation and translation services, and access to legal aid.

It is also worth noting that EU member states can no longer refuse to surrender their own nationals to other member states. In Germany, the constitutional prohibition on extraditing German citizens was amended specifically to permit extradition within the EU.

One important aspect of the European Arrest Warrant framework is the principle of double criminality. Under this principle, the conduct in question must generally constitute a criminal offense in both the issuing and the executing state. However, for 32 specific categories of offense, this requirement does not apply. For these offenses, it is sufficient that the conduct carries a maximum sentence of at least three years in the issuing state, regardless of whether it would be considered a criminal offense in the country where you are arrested.
These 32 categories include serious offenses such as

• terrorism,
• murder,
• human trafficking,
• kidnapping,
• organized crime,
• corruption,
• cybercrime,
• arson, and
• forgery.

If the offense for which you are being sought falls outside these categories, double criminality must be established, and this can form the basis of a legal challenge.

There are several recognized grounds on which a European Arrest Warrant can be challenged or refused. Understanding these grounds is the first step in building an effective defense.
Mandatory grounds for refusal include

• double jeopardy, where the individual has already been convicted or acquitted for the same offense in any EU member state;
• minority, where the individual has not reached the age of criminal responsibility in the executing state;
• and amnesty, where the offense is covered by amnesty in the executing state.

Additional grounds for challenge include

• the absence of double criminality for offenses outside the 32 listed categories;
• expiry of the applicable statute of limitations;
• parallel criminal proceedings already underway in the executing state for the same conduct;
• and judgments rendered in absentia without adequate procedural safeguards.

The executing state must also be satisfied that the individual’s fundamental rights will be respected following surrender, including the right to a meaningful review of any long custodial sentence imposed.

Our extradition lawyers in Germany will assess which of these grounds apply to your case and advise you on the strongest available course of action.

Since its introduction, over 180,000 European Arrest Warrants have been issued. While many have been justified, the system has attracted significant criticism for being applied disproportionately. EAWs have been issued for minor offenses including small-scale cannabis possession, minor driving offenses, and petty theft; matters that many would consider far removed from the serious criminal activity the instrument was designed to address.
Member states are required to conduct a proportionality assessment before issuing a warrant, weighing factors such as

• the seriousness of the offense,
• the likely penalty if the person is convicted,
• the probability of detention following surrender, and
• the interests of any victims.

Where this assessment has not been properly carried out, or where the warrant appears clearly disproportionate, there are meaningful grounds to mount a legal challenge.
Additional complexity arises from differences in how member states have transposed EAW legislation into national law, and from varying judicial interpretations across EU courts. These grey areas can work in favor of the defense when identified and argued effectively by experienced extradition lawyers.

If you are facing a European Arrest Warrant, our extradition lawyers in Germany are here to help. We will conduct a thorough review of the warrant issued against you, identify any procedural or substantive grounds for challenge, and advise you on all available options. Instructing legal counsel is not an admission of guilt, it is a necessary and prudent step when state authorities are seeking your extradition.
With a global network of contacts and partner law firms, Schlun & Elseven Rechtsanwälte is equipped to represent clients wherever they are located. Our extradition team has defended clients in cases spanning multiple jurisdictions and brings extensive experience in cross-examination, negotiation, and international legal cooperation to every case. Contact us now to discuss your situation and take the first step toward protecting your rights.