Fiches Belges

Yes. Judicial decisions issued by a judicial authority with a view to the arrest and surrender of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order.

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (implemented by the law of 17 March 2004)

The competent authority to receive the EAW is the Public Prosecutor of the competent District Court (with jurisdiction over the place of residence of the person or over the location where the person is in custody). Following the arrest, the person is heard by the Investigating Judge, who may order continued detention. If the person does not consent to surrender, the decision to execute the EAW is taken by the Pre-trial Chamber of the competent District Court.

EAW translated into French, German or English. There are no specific time limits in Luxembourg for sending or receiving an EAW translation. Luxembourg law simply provides the possibility for the competent State Prosecutor to request additional necessary information to be provided as a matter of urgency and may set a deadline for their receipt. Luxembourg accepts transmission of EAW translations via SIS.

Final decision on the execution of the EAW within 60 days after the arrest (specific deadlines are set forth under national law depending notably on whether the person consents to surrender, he or the prosecutor lodges an appeal)

All mandatory and optional grounds for non-execution provided under articles 3 and 4 FD apply. Luxembourg authorities may also refuser to surrender a minor over 16 years of age at the time where he perpetrated the offence. In order for the issuing State to prosecute the person subject to the EAW for an offence other than that for which he was surrendered, a request shall be addressed to the Luxembourg executing authority, unless the person renounce entitlement to the speciality rule. Consent by Luxembourg executing authorities to subsequent surrender or extradition by the issuing State is also required under the conditions provided under article 28 FD. In order for the issuing State to prosecute the person subject to the EAW for an offence committed before surrender other than that for which he was surrendered, a request for consent must be addressed to the Luxembourg executing authority. The request for consent must be submitted by the same procedure and must contain the same information as a normal EAW. The Luxembourg executing authority gives his consent no later than 30 days after receipt of the request when the offence for which the consent is requested is itself subject to surrender, unless a mandatory or optional ground for non-execution applies. Such procedure does not apply in the cases listed in article 27(3) of the Framework Decision, essentially (i) when the person renounced, before or after his/her surrender, the speciality rule, (ii) when the person does not incur a penalty or measure involving deprivation of liberty in relation to the new offence, (iii) when the person having had an opportunity to leave the territory of the issuing State has not done so within 45 days of his/her final discharge, or has returned to that territory after leaving it.