Guidelines Published: Deciding on Competing Requests for Surrender and Extradition
20 December 2019
Riehle_Cornelia_Neu_SW.jpg Cornelia Riehle LL.M.

Eurojust published a revised version of its guidelines for deciding on competing European Arrest Warrants (EAWs) of 2004. The new guidelines enlarge the scope of the original guidelines, including scenarios for both the situation of multiple EAWs and the situation of conflicts between an EAW and a request for extradition presented by a third country (Articles 16 (1) and (3) of Council Framework Decision 2002/584/JHA).

By means of five scenarios, the revised guidelines give advice on how to proceed in the situations when two or more EAWs against the same person were issued:

(1) for prosecution of the same offence(s);

(2) for prosecution of different offences. Furthermore;

(3) when two or more EAWs against the same person, of which one (or more) EAW(s) for prosecution and one (or more) EAW(s) for the execution of a custodial sentence or a detention order in relation to different offences, were issued;

(4) when two or more EAWs against the same person for the execution of two (or more) custodial sentences or detention orders in relation to different offences were issued;

(5) when one or more EAW(s) and one (or more) request(s) for extradition were issued.

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Cornelia Riehle LL.M.

Academy of European Law (ERA)

Criminal Law

Deputy Head of Section