European Arrest Warrant (Ro.: mandat European de arestare, Fr.: le mandat d’arrêt européen, Nl.: het Europees aanhoudingsbevel, Gr.: ευρωπαϊκό ένταλμα σύλληψης) [see also: principle of mutual trust, dual criminality, principle of cooperation, harmonization, principle of mutual recognition, extradition] = a procedure available between member states of the European Union which allows the authorities of one state to issue a written request demanding the surrender of a person, currently located within the other state, for the purpose of prosecution or execution of a sentence. By virtue of the principle of mutual trust, the requested state is obliged to comply with the request. The procedure was set up by the Framework Decision 2002/584 of the Council, as part of a broader policy that aims at establishing an area of freedom, security and justice within the EU.

arrest warrant = an authorization given by a judge or a magistrate that allows the executing forces to apprehend and surrender a person believed to have committed a criminal offence

~ evidence warrant = instrument available to the EU states for the purpose of obtaining objects, documents and data needed for criminal procedures

Useful Links

Legislation - Council Framework Decision 2002/584/JHA  of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States - Statements made by certain Member States on the adoption of the Framework Decision [English] - Council Framework Decision 2008/978/JHA of 18 December 2008 on the European evidence warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters [English]  - Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union - Consolidated version of the Treaty on the Functioning of the European Union, Articles 82-83 TFEU [English]

Case law - Stefano Melloni v Ministerio Fiscal, Case C 399/11 [2013] (delivered February 26, 2013) [English], Advocaten voor de Wereld VZW v Leden van de Ministerraad

Online publications - Massimo Fichera (2009), “The European Arrest Warrant and the Sovereign State: A Marriage of Convenience?”, European Law Journal, Vol. 15, No 1 [English] - Nina Marlene, “The European Arrest Warrant and Fundamental Rights”, European Journal of Crime, Criminal Law and Criminal Justice, 11 April 2014, Vol.22(2), pp.135-165 [English] - V. Mitsilegas, The Symbiotic Relationship Between Mutual Trust and Fundamental Rights in Europe's Area of Criminal Justice,  [English]


Rob Blekxtoon “Handbook on the European arrest warrant”, T.M.C. Asser Press, 2008 [English]

Elspeth Guild “Constitutional challenges to the European arrest warrant: a challenge for European law : the merging of internal and external security”, Wolf Legal Publishers cop., 2006 [English]

André Klip, “European criminal law : an integrative approach”, Cambridge, United Kingdom : Intersentia. 3rd edition, 2016 [English]

T Konstadinides & C Eckes, (eds.) Crime and the Area of Freedom, Security and Justice: Challenges in the European Union, CUP, 2011 [English]


By Andreea Cucos