European Arrest Warrant Framework Decision

The Framework Decision of 13 June 2002 on the European arrest warrant was adopted pursuant to Article 34(2)(b) of the Treaty on the European Union, as amended by the Treaty of Amsterdam.

The aim of the Framework Decision was to simplify, and make more expedient, extradition procedure within the EU, whilst promoting free movement of judicial decisions in criminal matters.

Significantly, the Framework Decision aimed to replace the system of multilateral extradition that preceded it, which included the 1957 European Convention on Extradition and its four additional protocols, adopted in 1975, 1978, 2010, and 2012, respectively.

The Framework Decision is divided into four chapters: General Principles (Articles 1-8); Surrender Procedure (Articles 9-25); Effects of the Surrender (Articles 26-30); and General and Final Provisions (Articles 31-35). A specimen of the EAW is set out in the Annex of the Framework Decision.

An EAW issued in relation to an alleged offence in an issuing state is known as an ‘accusation’ EAW. An EAW issued in relation to offence for which a conviction has been imposed in the issuing state is known as a ‘conviction’ EAW.