European Arrest Warrant

The European Arrest Warrant (EAW) constitutes one of the most significant milestones in the development of judicial cooperation in criminal matters within the European Union. Introduced by Council Framework Decision 2002/584/JHA, it has replaced the traditional extradition system among Member States with a simplified and efficient mechanism grounded in the principle of mutual recognition of judicial decisions.

This module provides a comprehensive overview of the EAW framework, focusing on its legal foundations, procedural mechanisms, and practical challenges. It explores the balance between efficiency in cross-border law enforcement and the protection of fundamental rights, including the rights of defence, fair trial guarantees, and safeguards against unlawful detention.

Special emphasis is placed on:

• The legal and institutional basis of the EAW within EU law.

• Key procedural steps, from issuance to execution.

• The role of judicial authorities, prosecutors, and defence lawyers in ensuring lawful application.

• Fundamental rights concerns, as reflected in the jurisprudence of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR).

• Contemporary challenges, such as mutual trust deficits, proportionality assessments, and the interaction with other EU instruments.

The material situates the European Arrest Warrant within the broader architecture of the EU’s Area of Freedom, Security and Justice (AFSJ), demonstrating its impact on both judicial cooperation and the rule of law across Member States. It also highlights how the EAW serves as a practical tool against organised and cross-border crime, while remaining subject to strict legal and human rights safeguards.

By engaging with this content, legal professionals and practitioners will gain an informed perspective on one of the cornerstones of European criminal law cooperation, appreciating both its achievements and its ongoing challenges in practice.