Updated: 25.03.2025
EU EAW legal framework
The European Arrest Warrant (EAW) procedure is governed by EU laws, primarily Framework Decision 2002/584/JHA, which entered into force on 1 January 2004.
This framework aims to simplify and expedite the extradition process within the EU by replacing traditional extradition procedures with a streamlined mechanism. Under this framework, judicial authorities of EU member states are empowered to issue and execute European Arrest Warrants for crimes carrying a minimum penalty of one year’s imprisonment.
EAW legal framework in Poland
In Poland, the procedure for issuing and executing European Arrest Warrants is detailed in the country’s legal statutes, particularly in Chapters 65a and 65b of the Code of Criminal Procedure. Chapter 65a covers the issuance of European Arrest Warrants by Polish judicial authorities to other EU member states, while Chapter 65b deals with the execution of European Arrest Warrants issued by other EU member states to Poland.
What is a European arrest warrant (EAW)?
A European Arrest Warrant (EAW) is a legal tool used by one EU country to request the arrest and surrender of a person in another EU country. It’s issued when there’s suspicion that a person has committed a crime or needs to serve a prison sentence. The authorities in the requested country must generally arrest and transfer the person named in the European Arrest Warrant.
Key Facts about the European Arrest Warrant (EAW)
| Fact | Description |
| Purpose | To facilitate the extradition of individuals between EU member states for the purpose of prosecution or to serve a prison sentence. |
| Issuing Authority | Judicial authorities of an EU member state. |
| Objective | To simplify and expedite the extradition process by replacing traditional extradition procedures with a streamlined mechanism. |
| Legal Framework | Governed by EU laws, particularly Framework Decision 2002/584/JHA, which entered into force on 1 January 2004. |
| Issuing Criteria | Issued for crimes carrying a minimum penalty of one year’s imprisonment. |
| Surrender Procedure | Once issued, the requested country’s authorities are generally obligated to arrest and surrender the individual named in the warrant. |
| Timeline | European Arrest Warrants must be executed within specified timeframes: surrender within 10 days after the decision becomes final; decision on surrender within 30 days of arrest; provisional arrest for up to 100 days. |
| Grounds for Refusal | Can be refused if the requested person is not criminally liable due to age, if surrender would violate human rights, if the offence is political, or if it’s not considered a crime in the requested country. |
| Withdrawal | An European Arrest Warrant is withdrawn if the person sought is surrendered to the requesting country or if the conditions justifying its issuance no longer exist. |
| Checking for an EAW | No centralised database; individuals can check with relevant authorities or seek legal assistance. |
| Legal Representation | Legal representation is advisable during the entire process, especially when contesting or appealing the surrender decision. |
| Implications | Understanding the European Arrest Warrant process is crucial for individuals involved in cross-border legal matters within the EU. |
| Consequences | Failure to comply with an European Arrest Warrant can result in legal consequences, including arrest and surrender. |
How the EAW works?
The authority authorized to apply to EU member states for the arrest and surrender of a person prosecuted on the basis of an EAW is the locally competent district court, at the request of the prosecutor of the respective member state.
The factual premise for the issuance of an EAW is, in accordance with Article 607a of the Code of Criminal Procedure, the suspicion that a person prosecuted for a crime committed on the territory of the Republic of Poland is in the territory of another EU member state (the so-called execution state).
The European Arrest Warrant simplifies and expedites the extradition process within the EU by enabling one member state to request the arrest and surrender of a person located in another member state. Once issued, the requested country’s authorities are generally obligated to detain and extradite the individual named in the European Arrest Warrant. This streamlined procedure aims to facilitate cross-border cooperation in criminal matters and ensure swift justice across EU borders.
The decision to transfer a prosecuted person is made by the judicial authority of the state executing the EAW.
When can a European arrest warrant be issued?
In Poland, a regional court can issue a European Arrest Warrant if:
1. There’s suspicion that the person sought is in another EU country.
2. Issuing the European Arrest Warrant is in the interest of justice.
If the European Arrest Warrant is for ongoing criminal proceedings, the offence must carry at least a one-year prison sentence, and it is issued at the prosecutor’s request. For executing a sentence or detention order, the penalty must be at least four months.
The court schedules a session to decide on the European Arrest Warrant, and parties may attend if notified. The decision is final and cannot be appealed.
How to check if an EAW has been issued against you?
There’s no central database to check for an European Arrest Warrant. If you know of related legal proceedings, you can request a photocopy of the case files from the relevant court or prosecutor’s office. If you don’t have specific information, a professional solicitor can submit an application to the National Criminal Register (KRK) to find out if you’re sought under an arrest warrant.
Can an EAW be withdrawn?
An European Arrest Warrant is withdrawn when the person sought is surrendered to Polish authorities or when the conditions justifying its issuance no longer exist.
Executing an EAW in Poland
How Poland handles EAW requests?
When Poland receives an European Arrest Warrant from another EU country, the prosecutor interrogates the requested person and refers the case to the regional court. The court can order provisional arrest for up to 100 days, based on a final conviction or decision from another EU country.
The court decides on the surrender within 30 days of arrest, and physical surrender typically occurs within 10 days after the decision becomes final. The decision can be appealed within 3 days.
When can Poland refuse an EAW?
Barriers to the execution of an EAW can be either mandatory or optional.
Poland refuses to execute a European arrest warrant if:
1. The crime is subject to amnesty.
2. A final judgment for the same acts has been issued in another country.
3. The requested person is not criminally liable due to age.
4. Surrender would violate human rights.
5. The European Arrest Warrant is for a non-violent political crime.
Discretionary grounds for refusal include:
1. The offence is not a crime under Polish law, except for serious offences listed by law.
2. Criminal proceedings are pending in Poland for the same offence.
3. A final ruling has refused or discontinued proceedings for the offence.
4. The statute of limitations has expired.
5. The crimes were committed in Poland or on a Polish ship or aircraft.
How to challenge an EAW in Poland?
The execution of an EAW should be challenged in the country of its execution.
On the other hand, if it is in Poland that the EAW was issued, it is possible to challenge before the authorities in Poland the decision that is the basis for the issuance of the EAW. This is most often the decision on the application of temporary arrest, seeking its revocation or negotiating another preventive measure.
In the event of success in obtaining the revocation of the decision on temporary arrest that is the basis of the EAW, then the court will immediately contact the state of execution of the EAW and inform it of the revocation of the EAW.
It is therefore worth taking appropriate measures to defend against the EAW in both its issuing and executing state.
Is the EAW the same as the European Investigation Warrant (EIW)?
No, the European Investigation Warrant (EIW) is a different measure used by EU countries in the event of a need to carry out or obtain evidence that is or can be carried out in the territory of another EU member state.
The EIW is not aimed at arresting and surrendering a person, but at carrying out a specific evidentiary act in another country, such as questioning a suspect under the EIW.
Law enforcement authorities in order to carry out an action with a suspect or defendant are much more likely to issue an EAW than an EIW, which is why it is important to have a defense attorney and make appropriate requests during the criminal proceedings.
Will detention in the country of execution of the EAW be credited to the time of actual deprivation of liberty in the case?
As a rule, the period of actual deprivation of liberty in the EAW executing state in connection with the surrender of the prosecuted person should be credited to the sentence imposed or executed. It is worthwhile to enlist the help of a defense attorney to help ensure this issue.
EAW vs. extradition
The Framework Decision explicitly treats the EAW as a separate institution from extradition. However, the effects and general concept of the two institutions are comparable.
According to the provisions of the decision, the EAW abolishes the previous system of extradition between member states based on the Extradition Convention of December 13, 1957, and replaces it with a system of surrender between judicial authorities.
Extradition procedures continue to apply in the relations of EU states with other countries.
The following differences can be distinguished between the EAW and extradition:
- EAW can be issued by a national judicial authority against citizens of any EU member state (e.g., a Polish prosecutor’s office can request not only a citizen of Poland, but also, for example, a citizen of Germany or Italy),
- EAW cannot be issued for citizens of non-EU countries (extradition is still in force in relations with non-EU countries),
- EAW, unlike extradition, does not refer to interstate relations at the central level, but only to relations between judicial authorities of member states (the EAW procedure is carried out directly between judicial authorities of member states without the involvement of political power).
European arrest warrant in practice
The use of EAWs is very popular with law enforcement agencies in Poland and the European Union.
From the issuance of the EAW to the time of arrest of the prosecuted person and transport of the prosecuted person to Poland passes a relatively short time, depending on the country executing the EAW, which, however, is usually done quickly.
The scope of the EAW is very broad and, contrary to some beliefs, does not at all apply only to the most serious crimes.
The EAW can apply to all acts that, under the laws of the issuing state, are punishable by at least one year’s imprisonment, or where a sentence has been passed or a protective measure of at least four months has been issued.
This means that under current Polish criminal law, prosecution under the EAW can largely include suspects for common crimes (robbery, beating, burglary, extortion, robbery, fraud).
Therefore, it is particularly important to have the assistance of a defense attorney, who will verify the measures applied by the authorities, the possibility of their implementation and execution, and may take steps to revoke or modify them.
FAQ European arrest warrant (EAW) and public safety in Poland
How can I check for an outstanding warrant under the EAW system in Poland?
There is no public website or central records search for warrant information. You can consult a defense attorney, who can apply to the National Criminal Register (KRK) on your behalf. Judicial departments in the issuing county may provide data. Ensure accuracy by verifying documents, first name, and date of birth.
When can Poland refuse to execute an EAW?
Mandatory refusal applies if the person is below criminal liability age, the crime is under amnesty, or surrender violates human rights. Discretionary refusal may occur if the warrant information lacks a matching offence in Poland, an investigation is ongoing, or the statute of limitations expired.
How long does the EAW process take in Poland?
The judicial authority must decide within 30 days of arrest. If final, surrender occurs within 10 days. Provisional detention lasts up to 100 days. The process ensures accuracy, compliance with EU law, and swift handling of cross-border arrests.
