What is a European Arrest Warrant?
The European Arrest Warrant (EAW), commonly known as Euroorder, is a legal instrument that facilitates cooperation between European Union member states in criminal matters. Its main objective is to expedite the arrest and surrender of persons sought for trial or to serve a sentence in another EU country, replacing the traditional extradition system.
The EAW or Euroorder allows a judicial authority in any EU country to request the effective surrender of a person to another member state, either to conduct criminal proceedings or to ensure compliance with a sentence.
Origins and legal framework of the European Arrest Warrant
It was created through a Council Framework Decision in 2002, and adopted domestically in Spain in 2003, through the now repealed Law 3/2003, of March 14, on the European arrest warrant.
The European Arrest Warrant (EAW) was established by a Council Framework Decision of the European Union in 2002. In Spain, it was incorporated into domestic law in 2003 through Law 3/2003, of March 14, on the European arrest warrant, legislation that was subsequently repealed by Law 23/2014, of November 20, on mutual recognition of
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What requirements does a country need to issue a European Arrest Warrant (EAW)?
Any European Union country can issue a European Arrest Warrant against a person, provided that one fundamental requirement is met: there must be an open criminal proceeding against the citizen targeted by the warrant.
The EAW has two main parties:
- The issuing authority, which is the body responsible for issuing the warrant for the prosecution of criminal actions against the requested person.
- The executing authority, which corresponds to the other EU countries, specifically the State where the citizen is located and where the arrest must be carried out.
The mandates of the EAW
The EAW establishes four mandates directed to the executing judicial authority:
- Search
- Arrest
- Detention
- Surrender of the
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Content and purpose of the European Arrest Warrant (EAW)
The European Arrest Warrant (EAW) is a judicial cooperation mechanism between European Union countries to facilitate the search, arrest, and surrender of persons sought for criminal proceedings or the enforcement of sentences. Its documentation must be completed through a standard form that includes the following information:
Content of the European Arrest Warrant
1.- Identity and nationality:
- Complete personal data of the requested person.
2.-Data of the issuing authority:
- Name, address, contact numbers (telephone and fax) and email address of the judicial authority issuing the warrant.
3.- Binding judicial decision:
- Indication of the existence of a final judgment, arrest warrant or equivalent enforceable judicial decision that motivates the EAW.
4.- Nature and classification of the offense:
- Type of offense committed according to the legislation of the issuing State.
5.-Description of the offense:
- Details about the circumstances of the act, including:
- Date and place of the offense.
- Degree of participation
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.