European Arrest Warrant in Spain: Fighting Extradition

The European Arrest Warrant (EAW) — known in Spain as Orden Europea de Detención y Entrega (OEDE) — is designed as a rapid, automatic surrender mechanism between EU member states. However, fast does not mean inevitable: the Criminal Chamber of Spain's National Court (Audiencia Nacional) has exclusive jurisdiction to decide whether to execute or refuse every EAW, and there are significant legal grounds to oppose surrender.

How the EAW Process Works in Spain

When a person is detained in Spain under an EAW, they must be brought before the National Court within 72 hours. The court then sets a hearing date (typically within 10-15 days) where the requested person can appear with their lawyer and formally oppose surrender. The court has 60 days maximum to reach a decision. During this period, the person may be remanded in custody or released with precautionary measures.

Mandatory and Optional Grounds for Refusal

Spanish courts must refuse an EAW if: the alleged conduct is not criminal in Spain (dual criminality, for offenses outside the 32 automatic categories); the person was already definitively judged for the same acts (ne bis in idem); the offense is time-barred under Spanish law. Courts may refuse if: the requested person is a Spanish national who will serve sentence here; the offense is political; there are serious fundamental rights concerns.

Building an Effective Defense

The key to fighting an EAW is speed and preparation. From the moment of detention, the defense must: challenge the formal validity of the warrant, research the legal systems of both countries, assess the human rights situation in the requesting state, gather evidence for ne bis in idem or prescription arguments, and urgently consider whether to consent to surrender (which can result in more favorable conditions).