European Arrest Warrant (EAW) Lawyer in Madrid
If you have been arrested under a European Arrest Warrant (EAW), the time limits are very short: 60 days to decide, extendable by a further 30, and only 10 if you consent to surrender. Everything is decided before the Central Investigating Courts and the Criminal Chamber of the National Court. We step in from your first court appearance, analyse the grounds for refusal and fight to prevent your surrender or to ensure you serve your sentence in Spain. Office at Goya 20, Madrid. 24-hour assistance: 681 256 507.
Lawyers Specialising in European Arrest Warrants (EAW) in Madrid
We are European Arrest Warrant lawyers in Madrid, defending people wanted by another European Union country under a European Arrest Warrant. We step in from the moment of arrest, before the Central Investigating Courts and the National Court, to oppose surrender where grounds exist or to ensure you serve your sentence in Spain. These are the key aspects of the procedure and defence:
Other International Criminal Cooperation Matters We Handle in Madrid
A European Arrest Warrant often overlaps with other areas of international criminal cooperation. These are the ones we also handle, each with its own page.
When the person sought comes from a non-EU State and the case is governed by Law 4/1985 on passive extradition.
- Stages of the Passive Extradition Procedure
- Most Relevant Grounds for Refusal
- Defence Strategies Based on Double Criminality
- Government Stage: Council of Ministers
When additional international cooperation mechanisms apply (passive judicial assistance, letters rogatory) alongside the EAW.
- EU Framework 2002/584 and Law 23/2014
- International Cooperation Procedures
- Defence Strategies in Cooperation Cases
- Defence Before the National Court
Legal assistance for detainees is an essential safeguard in criminal proceedings (art. 520 LECrim) when an EAW is being executed.
- Nationwide Coverage
- The Lawyer's Role at the Police Station
- Private Interview Before Making a Statement
- 24-Hour Direct Line to the Firm
Time Limits and Procedure for the European Arrest Warrant (EAW)
The European Arrest Warrant is governed by strict time limits. These are the stages:
- Arrest: you are brought before the on-duty Central Investigating Court, which decides on your release or pre-trial detention.
- Hearing before the Criminal Chamber: you may oppose or consent to surrender, always with legal assistance.
- Time limits: 60 days from arrest to decide, extendable by a further 30; only 10 days if you consent to surrender.
- Appeal: the Chamber’s ruling may be challenged by an appeal for reconsideration before the Full Court.
Be careful with consent: if you consent without legal advice, you waive the specialty principle and the requesting country may then try you for other offences.
24-Hour Assistance for Arrests, Court Summons and Urgent Custody Situations
Tel. 681 256 507 · [email protected]
Grounds for Refusing a European Arrest Warrant
A European Arrest Warrant can only be refused on grounds set out by law. The ones we use most often:
- Res judicata (non bis in idem) or amnesty in Spain.
- Double criminality: when the act does not fall within the exempt categories and is not a criminal offence here.
- Statute of limitations under Spanish law.
- Ties to Spain: if you are a resident or a Spanish national, you may serve the sentence in Spain instead of being surrendered.
- Trial in absentia without proper guarantees in the requesting country.
- Prison risk: conditions in the issuing country’s prisons incompatible with human rights.
- Formal defects in the documentation or identification.
Lines of defence against a European Arrest Warrant
Our European Arrest Warrant lawyers work on opposition on several fronts at once:
- Challenging the categorisation of the offence to force a double criminality review.
- Challenging a trial held in absentia when there was no genuine notification or possibility of appeal.
- Requesting that the sentence be served in Spain on grounds of ties to Spain, evidencing your residence and formalising the commitment.
- Precautionary measures: provisional release with passport surrender and reporting requirements, instead of pre-trial detention.
- Prison risk: documentary evidence on prison conditions in the issuing country.
- Formal defects in the European Arrest Warrant: translation, identification or missing information.
24-hour assistance for arrests, summonses and urgent detentions
Tel. 681 256 507 · [email protected]
How we defend your European Arrest Warrant case, from the moment of arrest
Urgent assistance from the moment the wanted person is arrested
We take the call and travel to the police station, the border or Barajas. We secure your defence from the very first proceedings, because consenting to surrender without legal advice is irreversible.
Technical analysis of the EAW received
We analyse the European Arrest Warrant received: the offence invoked, identity, time limits, translations and whether the documentation is complete. This is where the grounds for opposition emerge.
Coordination with a lawyer in the issuing State
Where appropriate, we coordinate with a lawyer in the country requesting you, to prepare evidence on the original trial and the conditions of the prison where you would serve the sentence.
Procedural strategy at the hearing before the Chamber
We defend you at the hearing before the Criminal Chamber of the National Court, presenting arguments on the grounds for refusal and evidence of the guarantees in the issuing country.
Appeal for reconsideration before the Plenary and further remedies
If the ruling is unfavourable, we appeal: reconsideration before the Plenary of the Chamber and, where applicable, an appeal for constitutional protection before the Constitutional Court or an application before the European Court of Human Rights.
24-hour assistance for detainees, every day of the year
We take the call, travel to the police station and take over the defence from the very first minute. Madrid city, the Henares Corridor and the whole of Spain. The line is answered by a lawyer who is a partner at the firm, not by an external answering service.
Frequently asked questions about the European Arrest Warrant (EAW) in Madrid
If your question isn’t here, write to us: we respond within 24 business hours and always in confidence.
I am a Spanish citizen and another EU State is requesting my surrender. Can I be surrendered?
Yes. The EAW does not exclude nationals of the executing State. However, art. 48.2.b of Law 23/2014 allows surrender to be made conditional on return to Spain to serve the sentence, through a formal commitment from the issuing State. We review this in your specific case at the first consultation.
What are the effects of consenting to surrender?
It speeds up the procedure (a decision within 10 days of consent) and removes the requirement of the specialty principle: the issuing State may then try the surrendered person for offences other than those that gave rise to the EAW. This is a decision that should be carefully weighed before the first court appearance, not after. We assess this at the first review of the case file.
Can the EAW be refused because of prison conditions in the issuing State?
Yes, in accordance with CJEU case law in the Aranyosi and Căldăraru cases. The defence must provide documentary evidence regarding the specific prison facility where the sentence would be served, not general evidence about the system. Reports from the Council of Europe’s CPT and ECtHR judgments are key references. This should be reviewed with the firm before any court appearance.
What happens if the EAW is based on a judgment issued in my absence?
Art. 4 bis of the Framework Decision and art. 48.1.d of Law 23/2014 allow surrender to be refused where the judgment was issued in the absence of the requested person and the required safeguards are not met (personal notification, knowledge of the trial, right to a retrial in the issuing State). If you have received a similar request, schedule a confidential first meeting.
How long does surrender take once the EAW has been decided?
Physical surrender must take place within 10 days of the decision becoming final, in accordance with art. 54.4 of Law 23/2014. In practice, some extension is allowed for humanitarian reasons or where there are concurrent pending proceedings in Spain. At the first consultation we will confirm whether your case falls within that scope.
Firm offices at Goya 20, Madrid
We are located right in the city centre, next to the Goya metro station. Consultations are available in person, by phone or by video call, always with dedicated attention to your matter and under strict professional confidentiality.
Estudio Jurídico Cervantes & Gª-Escribano
Book an initial assessment or call the firm directly. We offer in-person consultations at Goya 20, as well as by phone and video call, always with the confidentiality inherent to professional practice.
- Calle Goya 20, 1st Floor Left · 28001 Madrid
- 681 256 507 · 24 hours, every day
- [email protected]
- Monday to Friday · 9:00 AM – 7:00 PM (detainee assistance 24/7)
Why choose a European Arrest Warrant (EAW) lawyer in Madrid from the very first minute
A European Arrest Warrant is decided within the first 72 hours: the initial appearance before the Central Investigating Court, opposing surrender on the statutory grounds, and the guarantee of serving any sentence in Spain when you have established ties here. As European Arrest Warrant (EAW) lawyers in Madrid, we take on your case from the very first call. We serve clients in Madrid city, the Henares Corridor and throughout Spain.
