European Arrest Warrant

Defending individuals arrested on the basis of a European arrest warrant (EAW) is essential to guarantee their rights and the respect of fundamental freedoms.

International criminal law offers States a range of procedures and tools enabling them to have an individual arrested beyond their borders.

The EAW is a cross-border criminal cooperation mechanism between Member States of the European Union that allows for a requesting State to have an individual arrested and surrendered by the State in which he is located for the purpose of conducting criminal prosecutions against him or enforcing a custodial sentence.

The EAW, unlike the extradition, is a judicial decision that is immediately recognized and enforceable by all member states once issued – the principle of mutual recognition of judicial decisions under EU Law. Therefore, it offers shorter procedural time periods and a simplified execution.

Navacelle provides its expertise in the defense of individuals involved in these proceedings.

Your challenges

Preservation of your rights and freedoms that may be restricted by a European arrest warrant.

Understanding the issues involved in European arrest warrants

The European arrest warrant is a complex matter. In this respect, there are many grounds for challenge. Such warrant can be challenged if it is issued because of the gender, religion, political opinion or sexual orientation of the person concerned. It can also be challenged for procedural reasons, for example if the prosecution is time-barred.

Knowledge of the consequence of the European arrest warrant

European arrest warrants have significant legal and reputational consequences on the individual’s personal situation in that they may involve safety measures impeding on their freedom. For example, a person may be remanded in custody for any length of time.

Challenging a European arrest warrant

The procedure for executing a European arrest warrant is strictly regulated and an individual may refuse to consent to his surrender for several reasons. The specialty rule protects any individual subject to it by restricting prosecution to the specific facts for which it is issued. This individual can appeal to the Investigating Chamber and to the Court of Cassation.

Our way

Guaranteeing the effectiveness of the requested person’s rights and freedoms when subjected to a European arrest warrant.

Tailor-made assistance right from the outset of the procedure

We act from the very beginning of the proceedings and assist our clients from the time of arrest and notification of the European arrest warrant in order to challenge any potential security measures pending the ensuing proceedings.

A perfect knowledge of the methods for challenging a European arrest warrant

We advise and defend our clients who are subject to a European arrest warrant and wish to challenge it. We assist them during their appearance before the Investigating Chamber, as well as before the Court of Cassation to contest the possible decision of the Investigating Chamber to surrender the case.

A high level of reactivity and a presence at your side at all times

Due to the urgent nature of this type of procedure, we are reactive and available to engage with our clients and their lawyers in their home countries.

Accolades Navacelle
Stéphane de Navacelle once again in 2023 picked in
Corporate Compliance & Investigations
Sources say: "Stéphane de Navacelle deep understanding of his area of expertise and his interpersonal skills make him a great lawyer"
Navacelle once again identified in 2023
as one of the world's top 100 firms for
Julie Zorrilla recognized in 2023
as Global Leader in
Julie Zorrilla selected in
Women in Investigations 2021 as
NAVACELLE recognized once again in 2023 in
Litigation & Arbitration
Stéphane de Navacelle recognized in 2023
as National Leader in
NAVACELLE recognized once again in 2023
one of the top law firms
in dispute resolution
NAVACELLE recognized in 2023
Litigation & Arbitration

Stay ahead in a rapidly changing world

Subscribe for Navacelle insights & critical updates

Listen all podcasts