Briefing - European Arrest Warrant: State of play - 05-11-2025
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On 13 June 2002, the Council adopted the Framework Decision on the European Arrest Warrant (EAW). Among EU Member States, the EAW replaced the previous system of extradition with a simpler and quicker mechanism for surrendering requested persons for the purpoBriefing - European Arrest Warrant: State of play - 05-11-2025
On 13 June 2002, the Council adopted the Framework Decision on the European Arrest Warrant (EAW). Among EU Member States, the EAW replaced the previous system of extradition with a simpler and quicker mechanism for surrendering requested persons for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order. The EAW is based on the principle of mutual recognition and requires a high level of confidence between Member States. Its implementation may be suspended only in the event of a serious and persistent breach by one of the Member States of the principles set out in Article 6(1) of the Treaty on European Union, namely the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union. Since its introduction, the EAW has provided an efficient mechanism to ensure that open borders in the EU are not exploited by those seeking to evade justice. However, implementation of the Framework Decision on the EAW has revealed tensions between the objectives of achieving effective judicial cooperation and ensuring the protection of fundamental rights. Moreover, implementation has come up against a variety of practical problems. As a result, extensive case law has developed over the past two decades. In July 2024, the President of the European Commission, Ursula von der Leyen, announced the Commission's intention to strengthen the EAW. The European Parliament has described the EAW as an effective instrument to bring perpetrators of serious crimes to justice, but also pointed out that certain aspects of the EAW have consistently been problematic. This briefing complements the May 2025 EPRS publications on Use of the European Arrest Warrant and The European arrest warrant – Key steps in the surrender procedure. Source : © European Union, 2025 - EP Read more
