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European Arrest Warrant – abbreviated: EAW – is a formal decision issued by another EU Member State, requesting the surrender of a person who is currently on Dutch territory to the requesting country. You can be requested to surrender for two reasons: if you are suspected of a criminal offence punishable in that country by at least twelve months’ imprisonment, or if you have yet to serve a prison sentence of at least four months in another Member State. If you are arrested in the Netherlands, you will be brought before the examining magistrate within three days, who will immediately assess whether you may be released from detention pending the proceedings. At this stage, it is extremely important to immediately seek the assistance of an experienced lawyer, as this is not a regular review of pre-trial detention.

During this initial hearing, the judge will ask if you agree to the so-called simplified procedure. If you consent, this will have significant consequences for the rest of the process – your EAW will not be substantively reviewed and you will be surrendered to the other country immediately. If you do not agree to the simplified procedure, a hearing will be held a few months later at the Amsterdam District Court, where three judges will check whether all formal conditions required for surrender under the EAW – in accordance with the Surrender Act – have been met. Also at this stage, the support of an experienced lawyer is essential to effectively challenge the validity of the EAW.