Contents

Foreword

A. Who is this handbook for?

B. The European Arrest Warrant

1) What is a European Arrest Warrant?

2) When is it used?

C. How is a defence lawyer involved in a European Arrest Warrant case?

D. What should I do if I am retained or appointed in a European Arrest Warrant case?

1) Checking the Warrant Certificate/Schengen Entry

2) Contacting a lawyer in the Issuing State

3) Consulting with the client

i. Consent
ii. Voluntary return
iii. Specialty Principle

E. Refusal grounds

1) Mandatory

i. Ne bis in idem (Article 3(2) FD EAW and 54 CISA) – definition
ii. Ne bis in idem (Article 3(2) FD EAW and 54 CISA) – how to invoke it
iii. Ne bis in idem (Article 3(2) FD EAW and 54 CISA) – what to do after a decision not to surrender

2) Optional

i. Article 4(1) – Dual criminality
ii. Article 4(2) – Precedence of domestic prosecution
iii. Article 4(3) – Domestic decision not to prosecute
iv. Article 4(4) – Statute of limitation
v. Article 4(5) – Ne bis in idem in third states
vi. Article 4(6) – National or resident of the Executing Member State
vii. Article 4(7) – Territoriality
viii. Article 4A – Trials in absentia

3) Refusal on the grounds of fundamental rights

i. General Legal Framework
ii. Three “key rights”

F. Guarantees to be given before a requested person can be surrendered

G. Procedural stages in the Executing State

1) Hearings

2) Alternatives to detention

3) Legal Remedies/Appeals

4) After the decision to surrender

i. Postponement of removal
ii. Execution (time-limit for removal)
iii. Non Execution of removal

5) Procedural fundamental rights applicable in EAW proceedings

H. The role of the lawyer in the Issuing State

1) How can a lawyer in the Issuing State help me?

2) What should I do if I am retained or appointed in an EAW case in the Issuing State?

i. Assisting and advising the ESL
ii. Checking the validity of the national arrest warrant underlying the EAW and any possibility of the EAW being revoked or withdrawn in the Issuing State

3) What should I do as an ISL after the EAW case is finished?

i. After a decision to surrender
ii. After a decision not to surrender
iii. After the Issuing State withdraws or revokes an EAW

I. How can I get an EAW alert removed after a successful case?

1) SIS II alerts

i. Before an arrest
ii. After arrest and EAW proceedings

2) INTERPOL alerts

J. Conflicts of jurisdiction and using Eurojust

1) Which is the best jurisdiction for your client to be prosecuted in?

2) Conveying (or not) your position to the relevant authorities

3) To which authorities should I address my application?

4) How can I raise the defence position?

5) What happens if the conflict is not solved and parallel proceedings continue to exist?

EAW Defence Checklist