Fiches Belges

EAW

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

The investigating judge of the court within the jurisdiction of which the requested person has a permanent or temporary residence, or within the jurisdiction of which the requested person is located, has jurisdiction to conduct proceedings for the surrender of such person to another Member State.

Slovenian/English

If the requested person consents to being surrendered, the final decision on the surrender must be rendered within 10 days from when the consent is given. If the requested person does not consent to being surrendered, the final decision on the surrender must be rendered within 60 days of the arrest or the first examination of the requested person.

10 days. Surrendering a person on the basis of a warrant is admissible if the warrant is issued for a criminal offence punishable in the ordering State by deprivation of liberty for a maximum period of at least one year, or for the purpose of enforcing a custodial sentence, safety measure or other measure imposed by a criminal court involving deprivation of liberty for at least four months, and if the act for which surrender is requested is also considered a criminal offence under the national penal code (double criminality). Double criminality shall not be verified if a warrant is issued for a criminal offence punishable under the law of the ordering Member State by deprivation of liberty for a maximum period of at least three years, and if such a criminal offence is classified under the law of such State as one of 32 listed offences in the EAW.