Justizielle Zusammenarbeit und Rechtsstaatlichkeit

This factsheet focuses on the European arrest warrant and EU Member States obligations to respect fundamental rights. EU law and the European Convention on Human Rights sometimes overlap. The publication clarifies where there are similar principles in different legislation and provides examples of case law. In collaboration, the EU Agency for Fundamental Rights and the European Court of Human Rights produced this short publication. It is designed to aid lawyers and policymakers in understanding and applying the jurisprudence in this area. The August 2025 version now contains recent case-law developments.

This factsheet focuses on the European arrest warrant and EU Member States obligations to respect fundamental rights. EU law and the European Convention on Human Rights sometimes overlap. The publication clarifies where there are similar principles in different legislation and provides examples of case law. In collaboration, the EU Agency for Fundamental Rights and the European Court of Human Rights produced this short publication. It is designed to aid lawyers and policymakers in understanding and applying the jurisprudence in this area. The 2025 version now contains recent case-law developments.

This factsheet focuses on the European arrest warrant and EU Member States obligations to respect fundamental rights. EU law and the European Convention on Human Rights sometimes overlap. The publication clarifies where there are similar principles in different legislation and provides examples of case law. In collaboration, the EU Agency for Fundamental Rights and the European Court of Human Rights produced this short publication. It is designed to aid lawyers and policymakers in understanding and applying the jurisprudence in this area.

The European Arrest Warrant (EAW) allows Member States to implement judicial decisions issued in another Member State. It applies to decisions such as arrests for the purpose of criminal prosecutions or the execution of custodial sentences. After being in force for over 20 years, FRA’s findings provide evidence for an assessment of the legislation in practice. This report looks at the fundamental rights challenges that people face who are requested through an EAW. It provides a unique insight into their experiences and those of the professionals involved. FRA’s findings indicate that shared challenges exist across EU Member States. They must increase efforts to ensure that people are able to take part in criminal proceedings and receive a fair trial.

Der Zugang zur Justiz ist ein bedeutendes Element der Rechtsstaatlichkeit. Einzelne erhalten so die
Möglichkeit, sich gegen eine Verletzung ihrer Rechte zu schützen, im Falle unerlaubter Handlungen
Rechtsbehelfe geltend zu machen, die Exekutive zur Verantwortung zu ziehen und sich selbst in
Strafsachen zu verteidigen. Dieses Handbuch fasst die zentralen Grundsätze des europäischen
Rechts im Bereich des Zugangs zur Justiz zusammen.

This opinion underlines the importance of drawing on existing data and information in any assessment of the values in Article 2 TEU, and outlines how this could be done.