Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Португалия

European Arrest Warrant (901)

1. MEASURE IMPLEMENTATION

Португалия

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. According with Law 65/2003, from August 23rd, now added by Law 35/2015 from May 3rd, FWD 2002/584/JHA has been fully enforced in Portugal.No reservations have been made.

2. LEGAL FRAMEWORK

Португалия

International legal framework applicable for this measure in your Member State

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States

3. COMPETENT AUTHORITY TO:

Португалия

* receive the request/decision for judicial cooperation

According with article 15 of Law 65/2003 from August 2003, one of the five Courts of Appeal (Lisboa, Porto, Coimbra, Evora and Guimarães) is competent to give execution to European Arrest Warrants concerning a person located in Portugal. The Law states that the Tribunal da Relação for the place where the requested person is domiciled, or if the requested person has no domicile, for the place where the requested person is at the date when the warrant is issued, has jurisdiction to start the surrender proceedings pursuant to a European arrest warrant.

* execute/recognise the measure (if other than the receiving authority)

N/A

4. ACCEPTED LANGUAGES

Португалия

Accepted languages for the request/decision

European Arrest Warrants to be executed in Portugal should be sent to the competent Court of Appeal in Portuguese or instructed with a Portuguese translation.

5. EXECUTION DEADLINE

Португалия

Deadlines for the execution of the request/decision (where applicable)

Deadlines correspond to the time limits established by the Frame Work Decision. If the requested person gives consent to be surrendered to the issuing Member State, the final decision on the execution of the European arrest warrant shall be taken within 10 days from the date when consent has been given. In other cases, the final decision on the execution of the European arrest warrant shall be taken within a period of 60 days after the arrest of the requested person. If appeals are presented, the Supreme Court will decide in 90 days and the Constitutional Court in 150 days. These time limits are counted from the day the person has been arrested for the purpose of his or her surrender.

6. CONCISE LEGAL PRACTICAL INFORMATION

Португалия

a. Special requirements

The Law does not establish time limits to receive a EAW. However, and due to time constraints, when there is a consent situation, EAWs should be received at the Courts up to a maximum 10 days limit, counted from the day the person has been arrested in view of surrender. Double incrimination will be controlled for facts/criminal infractions outside the list of article 2 nº1. If they are included in the list of that disposition double incrimination will not be verified.

b. Other useful information

The Law corresponding basically to the FWD no specific restrictions have been introduced. However, due to the case law of the Supreme Court, Courts of Appeal tend to refuse the surrender of nationals for enforcement of penalties. No relevant proportonality check has been identified so far. Information on this Law as well as its text both in Portuguese and English can be found in the website of the Gabinete de Documentação e Direito Comparado (http://www.gddc.pt/legislacao-lingua-portuguesa/portugues.html).

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

See Related Measures


Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • ® 2021 EJN. All Rights Reserved