You should contact a lawyer in the Issuing State (“ISL”) in almost every case. Very often your client will already have instructed a lawyer in the Issuing State, or one will have been appointed by the State. If this has not occurred, consider making contact with a lawyer registered with the ECBA in the Issuing State who is a criminal lawyer familiar with conducting EAW cases.
In EAW proceedings for the purpose of executing a sentence, the national laws of the Executing State and of the Issuing State will determine whether and how the ISL might be funded by public legal aid systems. In EAW proceedings for criminal prosecution Article 5 Directive 2016/1919/EU states that the law of the Issuing State must grant financial legal aid to requested persons who exercise their right to appoint a lawyer in the Issuing State in accordance with Article 10(4) and (5) of Directive 2013/48/EU, for the purpose of such proceedings, in so far as legal aid is necessary to ensure effective access to justice. Financial legal aid in the Issuing State may be subject to a means test. See section H below for more details on the role of the ISL.