Lawyers Specialized in the European Arrest Warrant (EAW)
We are a criminal defense law firm based in Madrid with extensive experience in European Arrest Warrant (EAW) proceedings.
At Valmaseda Abogados, we have defended clients involved in criminal proceedings across the Eurozone since our very beginning, achieving significant successes both at a national level and before the Spanish National High Court (Audiencia Nacional), where we have obtained acquittals and case dismissals during the investigative stage.
If you have received a notification related to a European Arrest Warrant (EAW), it is essential to have the support of specialized lawyers who understand the complexity of this procedure. Our team is highly qualified in international criminal law and in the specific procedures governing EAWs, both in Spain and throughout the European Union. We act swiftly, rigorously, and discreetly to protect your rights from the very first moment. Whether you are facing a surrender request or need to challenge it, we provide a strong, strategic defense tailored to your specific legal situation.
What is the European Arrest Warrant (EAW)?
The European Arrest Warrant (EAW) is a judicial mechanism that allows for the arrest and transfer of a person between European Union Member States so that they may stand trial or serve a criminal sentence.
It was introduced in 2002 as part of the process of integration and judicial cooperation among Member States, replacing traditional extradition procedures and making them faster and more efficient.
The EAW is based on the principle of mutual recognition of judicial decisions, meaning that one EU country must recognize and execute judicial decisions issued by another Member State, except in very limited circumstances.
This warrant may be issued both for individuals who are under investigation and for those who have already been convicted.
For a number of serious offenses—such as terrorism, drug trafficking, or corruption—double criminality (that the offense be punishable in both countries) is not required.
Once the warrant is issued by a judicial authority, the executing country must decide within a maximum period of 60 days whether to surrender the requested person.
This instrument strengthens the fight against cross-border crime and ensures that offenders cannot evade justice simply by moving from one EU country to another.
How to act if you receive a European Arrest Warrant
Receiving a European Arrest Warrant (EAW) is a highly serious legal situation that requires swift, cautious, and informed action. First and foremost, it is essential to remain calm and refrain from making any statements without the presence of a lawyer specialized in criminal law and extradition matters.
An EAW is issued by a judge from another EU Member State and is designed to facilitate the rapid surrender of a person so they may appear before the judicial authorities of the requesting country. As soon as you become aware of the existence of an EAW, you should immediately contact a lawyer to review the legal basis of the warrant and assess whether there are grounds for opposition, such as violations of fundamental rights, risk of inhuman or disproportionate treatment, or formal defects in the request.
It is also crucial to attend any judicial summons on time and to cooperate with authorities within the limits of the law. In Spain, EAW proceedings are handled by the National High Court (Audiencia Nacional), so having proper legal representation can make the difference between immediate surrender and a successful challenge to the warrant.
Additionally, gathering documentation that proves strong ties to the country—such as family, employment, or social connections—may strengthen the defense against the execution of the warrant.
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