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Statewatch News online: Draft European Arrest Warrant

28 March 2012

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Text of European arrest warrant


The text of the "European arrest warrant" has been released by the Council of the European Union (for full-text see below). On the basis of the issuing of the warrant a magistrate in one EU member state can order the arrest, detention and removal of the individual concerned to the requesting member state.

Most of the information required covers the administrative process. The information to be provided to warrant the exercise of these powers can only be called minimalist. Apart from ticking one or more of the boxes for the 32 offences covered (which must be punishable by at least three years in jail) Section.e asks for very general information such as "time of offence", "degree of participation" and "other circumstances". Section.j invites the requesting authority to tick two boxes requiring "the confiscation and handing over of property which may be required as evidence" and the "seizure and handing over over property acquired by the requested person as a result of an offence" - with a description of the property "if known".

The arrest warrant thus covers arrest, search, seizure, detention and removal from home country.

1. Full-text of the European arrest warrant: 5327/02
2. See Statewatch's Observatory documentation for text and for Statewatch analysis of the original proposal see: Analysis (pdf)

filed 23.2.02

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