The European Arrest Warrant: Over 20 Years of Cooperation

The European Arrest Warrant (EAW) has been introduced by Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States and came into force on 1 January 2004. It has been over 20 years when European Union (EU) member states cooperate with this tool for the exchange of persons wanted for prosecution or enforcement of penalties. The aim of the paper is to present the functioning of the institution, basic principles and mechanisms in the context of 20 years of cooperation. The author highlights the differences between EAW and traditional extradition. He analyses the principle of proportionality and the procedural rights of the accused. Moreover, he showcases how this institution works in practice, the case study of Poland, what are the main challenges nowadays and the opportunities to use this tool to prosecute cross-border crime, e.g. food crime.