Verifying whether there are grounds of refusal is one of the most important tasks for the defence lawyer during EAW proceedings. The likelihood of a refusal ground applying is not only relevant for a final decision on surrender, but may also influence the decision of the court in the Executing State to grant alternatives to detention during the proceedings (see section G.1).

In this section we will outline the relevant refusal grounds, mandatory and optional under the Framework Decision, and the overarching refusal grounds that might apply by way of fundamental rights.