European Arrest Warrant - Why EU Surrender Moves Faster and How to Defend Yourself

European Arrest Warrant? Within the EU Things Move Faster Than Many Expect

A European Arrest Warrant catches those affected unprepared. Unlike extradition to a state outside the EU, within the European Union entirely different and considerably stricter rules apply. The proceedings are faster, the examination is narrower and the deadlines are shorter. Those who hesitate here or say the wrong thing give away valuable defense options.

This article explains what a European Arrest Warrant is, why surrender to an EU member state is stricter and faster than classic extradition, why even German nationals can be affected, and what defense approaches exist. It is aimed at those affected and their relatives who need to know what matters now.

What a European Arrest Warrant Is

The European Arrest Warrant is a simplified surrender procedure between the member states of the European Union. It is based on the principle of mutual recognition: one member state trusts that the justice system of the other member state operates according to the rule of law. For this reason, such a warrant is in principle recognized and enforced in Germany, unless legally prescribed obstacles exist.

This is the decisive difference from extradition to a third state. With a state outside the EU, the Court of Appeal examines comprehensively and can reject a request for many reasons. With a European Arrest Warrant, on the other hand, there is a fundamental obligation to grant the request, and a refusal is only possible in the cases precisely designated by law. This is exactly where the defense must begin.

Why EU Surrender Is Faster and Stricter

Three points make the European Arrest Warrant particularly severe.

First, the speed. A decision on surrender should regularly be made within 60 days of arrest. If the person concerned consents to simplified surrender, the deadline is shortened to just a few days. There is therefore only a narrow time window for a well-considered defense.

Second, the restricted scope of examination. While in classic extradition it is always examined whether the act is also punishable under German law, this examination of dual criminality is dispensed with under the European Arrest Warrant for a catalogue of certain serious offenses, provided the requesting state provides for a corresponding maximum sentence. This considerably narrows the available points of attack.

Third, the fundamental obligation to grant the request. The principle is: a permissible request is granted unless the law expressly permits a refusal. The defense must therefore specifically identify whether such a ground for refusal or obstacle exists.

Even German Nationals Can Be Affected

Many assume that German nationals cannot be extradited. This is not entirely correct. Within the European Union, even a German national can be surrendered to a member state for criminal prosecution, though only under special conditions. These include in particular that return to Germany for enforcement of the sentence is secured and that the offense has a significant connection to the requesting state. If the offense has a strong connection to Germany, a balancing exercise must be undertaken in which the legitimate expectation of the person concerned not to be surrendered carries considerable weight.

This domestic connection is an important defense approach that must be carefully worked out.

"With the European Arrest Warrant, timing is often decisive. The deadlines are short, the examination is narrow. Those who are not defended immediately lose room for maneuver that cannot be recovered later."

• →Tom Beisel, Attorney

Do Not Consent to Simplified Surrender

As with classic extradition, the person concerned is asked after arrest whether they consent to simplified surrender. This consent drastically accelerates the proceedings but takes away almost all room for the defense and is irrevocable. At the same time, they are asked whether they waive the protection of the specialty principle, which protects them from being prosecuted in the destination country for offenses other than those underlying the warrant.

Until the situation has been clarified with a defense lawyer, consent to simplified surrender should therefore not be given.

The Central Defense Approaches

Even though the European Arrest Warrant is narrowly structured, it offers points of attack. An important point is the judgment in absentia: if the person concerned was convicted in the requesting state in their absence, without having been properly summoned or represented, the surrender may be impermissible unless certain exceptions apply. Likewise, the principle that no one may be prosecuted twice for the same offense can stand in the way of surrender.

In addition, there are grounds for refusal. If the person concerned is already being investigated in Germany for the same offense, or if they are a foreign national with their ordinary residence in Germany, this can speak against surrender. Finally, even in EU proceedings the fundamental rights limits apply. If inhuman conditions of detention threaten in the requesting state, or if there are serious doubts about proceedings in accordance with the rule of law, a surrender can fail on the protection guarantees of the Charter of Fundamental Rights of the European Union.

Why Acting Quickly Is Decisive

With the European Arrest Warrant, time is the most important factor. The short deadlines mean that the key decisions are often made in the first days after arrest. Those who engage a defense lawyer early can apply for access to the case file, address the detention question and examine whether a ground for refusal or obstacle exists before the proceedings run their course.

Preventive action is also possible. Those who know that proceedings against them are underway in another EU state should have the situation clarified by a lawyer early, rather than waiting for an arrest.

Frequently Asked Questions

What is the difference between a European Arrest Warrant and extradition?

The European Arrest Warrant is a simplified surrender procedure between EU member states with shorter deadlines and a fundamental obligation to grant the request. Extradition to a state outside the EU is subject to more comprehensive examination.

Can German nationals also be surrendered under a European Arrest Warrant?

Yes, but only under special conditions, for example if return to Germany for enforcement of the sentence is secured and the offense has a significant connection to the requesting state. Where there is a strong domestic connection, a balancing exercise must be undertaken.

How fast do such proceedings move?

A decision on surrender should regularly be made within 60 days of arrest, and with consent to simplified surrender within just a few days. Acting quickly is therefore decisive.

Can I defend myself against a European Arrest Warrant?

Yes. Despite the fundamental obligation to grant the request, there are grounds for refusal and obstacles, for example in the case of judgments in absentia, double prosecution, domestic connection or threatened inhuman conditions of detention. These must be identified early.

Should I consent to simplified surrender?

In general, no. The consent is irrevocable and takes away almost all room for the defense. Seek legal advice first.

Has a European Arrest Warrant been issued against you or a relative, or do you fear surrender to an EU member state? Given the short deadlines, every day counts. Seek legal advice early before you consent to surrender or make any statement. I defend in surrender and extradition proceedings discreetly and nationwide. Get in touch directly.