International cooperation in criminal matters relies on various mechanisms for surrendering people who have committed offences or are wanted for prosecution. Two of these are extradition and the European arrest warrant (EAW). Both procedures serve to transfer a person from one state to another, but their legal frameworks, procedures and scope differ.<\/p>\n
Extradition is a legal institution with roots in antiquity. The first known extradition treaty was concluded between Egypt and the Hittite state. Today extradition is governed by international treaties, such as the European Convention on Extradition (1957), and by national legislation, such as Bulgaria\u2019s Extradition and European Arrest Warrant Act.<\/p>\n
The European arrest warrant, by contrast, is a modern system for surrendering persons, introduced by Council Framework Decision 2002\/584\/JHA. It operates only between European Union Member States and aims to accelerate proceedings and facilitate cooperation between judicial systems.<\/p>\n
In the legal framework discussed here, the distinction depends on who makes the request. The extradition provisions apply to requests from an international court or a requesting state outside the European Union (EU). Where the requesting state is an EU member, the provisions of the same Act governing the European arrest warrant apply. The two mechanisms are similar but not identical.<\/p>\n
Article 1 of the Extradition and European Arrest Warrant Act defines the EAW as a judicial decision issued by a Member State for the arrest and surrender of a requested person by another Member State for prosecution or for the enforcement of a custodial sentence or a measure involving detention. The definition again identifies the relevant legal framework: the states concerned are EU Member States.<\/p>\n
The parties also have different names. In extradition, they are the requesting state (which makes the request) and the requested state (which receives it). Under an EAW, they are the issuing state (which issues the warrant) and the executing state (which acts on it).<\/p>\n
Extradition tends to be a slower, more formal procedure involving the executive. The EAW, by contrast, is a judicial procedure with clearly defined time limits, giving it a faster and more predictable timetable.<\/p>\n
Extradition and the European arrest warrant are both important tools of international cooperation in criminal matters. Extradition is a general mechanism used worldwide, whereas the EAW grew out of integration within the EU and reflects a desire for faster, more effective justice. Their differences highlight the need to modernise international law and adapt it to changing conditions of cooperation and security.<\/p>\n
If a European arrest warrant has been issued for you or someone close to you, if the person concerned is being held on remand, or if you expect such a document to arrive, seek advice from a criminal lawyer who can advise you and represent you in court.<\/p>\n