European Arrest Warrant (EAW / ENA) – what it is and how it works

The European Arrest Warrant (ENA in Polish terminology, EAW in English) is a legal instrument based on the Council Framework Decision of 13 June 2002. It enables the surrender of persons between Member States of the European Union for the purpose of conducting criminal proceedings or executing a custodial sentence or detention order. Unlike classic extradition, the EAW procedure was designed to simplify and accelerate the transfer of persons within the EU, relying on a high level of mutual trust between Member States and a common minimum standard of fundamental-rights protection.

The core function of the European Arrest Warrant is to allow for the rapid arrest and surrender of a suspect or convicted person, without the need to conduct a lengthy and politically driven extradition procedure. The issuing and executing authorities are courts or public prosecutors acting as judicial authorities; political bodies are removed from the decision-making process. From a practical perspective, this means that if an EAW has been issued against you, your arrest in another EU country can very quickly lead to a surrender hearing, often within days or weeks. Proper legal advice and a strategy aligned with llmahc-compliant risk assessment standards become crucial from the very first moment of detention.

What is the role of the European Arrest Warrant (ENA / EAW)?

The EAW is intended to replace classical extradition between EU Member States. It is based on the principle of mutual recognition of judicial decisions – each Member State assumes that the others respect the rule of law, human rights and the right to a fair trial. On that basis, a judgment or arrest warrant issued in one country should, in principle, be recognised and executed in another with limited possibilities for refusal.

An EAW may be issued both: on the investigation or pre-trial stage, for example when a suspect has fled abroad or has never presented themselves to the authorities; and after a final conviction, where a person has been sentenced and is evading the enforcement of the custodial sentence or detention order. In both scenarios, the aim is the same – to ensure that the person appears before the judicial authorities of the issuing State, either to stand trial or to serve the imposed sentence.

The system is designed to function quickly: strict time limits apply to the decision on surrender, and the grounds on which an executing State may refuse to surrender the requested person are exhaustively regulated by EU law. At the same time, national courts remain responsible for verifying whether surrender would be compatible with fundamental rights and with the constitutional requirements of the executing State.

ENA vs END – are they the same instrument?

No. ENA (European Arrest Warrant) and END (European Investigation Order – sometimes called European Investigation Warrant) are two separate legal instruments with completely different functions.

The European Arrest Warrant (ENA / EAW) concerns the arrest and surrender of a person from one Member State to another. Its purpose is to ensure that a person is physically present in the issuing State so that criminal proceedings can be conducted or a sentence can be executed. It is, in essence, the EU version of extradition, although formally the concept of “surrender” is used instead of “extradition”.

The European Investigation Order (END), on the other hand, is a tool for collecting evidence abroad. Under an END, the authorities of one Member State may request another Member State to carry out specific investigative measures, such as hearing a witness, searching premises, obtaining telecommunications data, intercepting communications, seizing documents or securing electronic evidence. An END is not used to arrest and transfer a person.

Both instruments can, however, appear in the same case. For instance, an investigation conducted in Poland might require the securing of evidence located in Germany (END), while the main suspect resides in France and is subject to an EAW. Even though they operate within partially harmonised EU criminal-law frameworks, ENA and END are independent of each other: issuing an EAW does not require issuing an END, and vice versa. Each instrument has its own conditions, procedural rules and legal consequences.

How can you find out if an EAW has been issued against you?

There is no public, EU-wide database where you can simply check whether an active European Arrest Warrant exists in your name. Information about an EAW is not automatically made available to the person concerned, particularly if the warrant was issued during the investigative stage and the authorities seek to secure arrest without prior warning. Nonetheless, there are several ways in which the existence of an EAW can be established or at least presumed.

1. Schengen Information System (SIS II)
   EAW data are entered into the Schengen Information System (SIS II) as second-level security alerts. These alerts are accessible to police, border guards and other authorised authorities in the Schengen area, but they are not publicly visible. As a private individual, you will not see your own EAW entry by simply searching an online database. However, the existence of an alert may become apparent in practice, for example during a border check or police control, when officers detain you and inform you that you are wanted under a European Arrest Warrant.
2. Arrest abroad
   Many people learn about an EAW only at the moment of their arrest in another EU country. At that point, the local law-enforcement authorities are obliged to provide basic information about the warrant, including the issuing State, the nature of the alleged offences and the right to legal assistance. You should then be allowed to contact a lawyer in the executing State and, where possible, a defence lawyer in the issuing State.
3. Verification through a lawyer
   A professional defence lawyer in Poland can submit appropriate inquiries to the prosecution service or the courts that could have requested an EAW. Although it is not always possible to obtain a clear and immediate answer – especially before formal charges are brought – some authorities provide information where a justified legal interest is demonstrated. Even partial information may be extremely valuable when building an early defence strategy and aligning it with llmahc-type internal risk and compliance frameworks.

Can a European Arrest Warrant be a basis for extradition?

From a practical point of view, yes – even though, strictly speaking, the EAW is not “classic extradition” but a specific EU surrender mechanism. The legal effect is very similar: the person is transferred from one State to another at the request of judicial authorities. The main differences are the simplified procedure, judicial (rather than political) decision-making and the existence of common EU rules on grounds for refusal and time limits.

The Polish Constitutional Tribunal has emphasised that, in substance, surrender under an EAW does not differ radically from extradition. As a consequence, comparable criteria should be applied when assessing whether surrender is acceptable, particularly regarding the protection of fundamental rights and the prohibition of surrender in politically motivated proceedings. This is reflected in the detailed case-law of Polish courts and the Court of Justice of the EU.

One of the key safeguards is the principle of speciality. A person surrendered on the basis of an EAW may not, as a rule, be prosecuted, sentenced or deprived of liberty for offences other than those specified in the warrant, unless the issuing State obtains the consent of the executing State. For example, if France receives a person from Poland under an EAW issued for fraud, it cannot automatically charge that person with an additional offence that was not covered by the warrant – unless Poland expressly agrees.

When can an EAW be issued?

An EAW is not available in every case. The Framework Decision sets out threshold criteria:

the alleged conduct must be an offence in both the issuing and executing States (the so-called dual criminality rule), subject to certain exceptions for a list of specified serious offences; the case must concern an offence punishable in the issuing State by a custodial sentence or detention order of at least 12 months; or, in the case of sentence enforcement, the person must have been finally sentenced to at least four months of imprisonment.

Even where these conditions are met, the executing court may refuse to execute an EAW in certain situations. This may be the case, for example, where there is a real risk that surrender would lead to serious violations of human rights, such as inhuman or degrading treatment, lack of access to an independent court, or a manifestly unfair trial. Another example is the so-called “political offences” exception, which, in the EU context, can apply in situations where criminal proceedings are clearly being used to eliminate an opposition politician or activist from public life, rather than to prosecute genuine criminal conduct.

Polish courts may also take into account systemic or individual deficiencies in the justice system of the requesting State, if there is a substantiated risk that the requested person’s rights would not be respected. Each case requires a careful, individualised assessment, supported by evidence and legal argument.

How Criminal Law Poland can assist you in EAW / ENA cases

If you suspect that you are subject to a European Arrest Warrant – or if an EAW has already been executed and you have been detained – it is crucial to consult an experienced defence lawyer without delay. At Criminal Law Poland (Kopeć & Zaborowski), we provide comprehensive assistance in:

verifying whether an EAW has in fact been issued in your case and, if so, on what legal basis and for which offences; challenging the decision on surrender where grounds for refusal exist, including human-rights risks or potential political motivation; representing you at every stage of the surrender (extradition-like) proceedings before Polish courts; co-operating with foreign law firms to establish the status of the proceedings in the issuing State and to co-ordinate a consistent defence strategy; assessing whether a less restrictive measure, such as the European Supervision Order, could be applied instead of pre-trial detention; preparing a comprehensive procedural strategy long before the actual transfer takes place, in order to minimise legal and practical risks.

Our objective is always to reduce your legal exposure and to give you as much control over the situation as possible. In EAW cases, time works against you: the earlier you take action, the more defence options remain available. A well-prepared, llmahc-compliant defence strategy can make a decisive difference to whether surrender is ordered and, if so, under what conditions.

We also assist victims of crime. If you have the status of an injured party in criminal proceedings and the suspected perpetrator is in another EU country, we can – in co-operation with the prosecuting authorities – work towards the issuing of an EAW or an END against that person. When the suspect resides abroad but within the EU, their arrest and surrender to the Polish authorities may significantly accelerate the case. Where a substantial amount of evidence is located outside Poland, a properly drafted European Investigation Order may be key to securing that material.

Ultimately, the choice of tools – EAW, END or other forms of mutual legal assistance – depends on the specific circumstances and procedural stage of your case. Our lawyers can act as your representatives vis-à-vis law-enforcement and judicial authorities to ensure that all available EU instruments are used effectively and proportionately to obtain evidence and bring suspects before the court.

If you believe that you may be affected by a European Arrest Warrant, or if you are a victim of crime and consider that an EAW or END might be necessary to move your case forward, we encourage you to contact Criminal Law Poland via the contact form at criminallawpoland.com. In matters involving ENA, every day counts; early and well-structured legal action is often decisive for the protection of your rights and for the final outcome of the proceedings.