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Criminal law — International

European arrest warrant: defence in Luxembourg and France

A European arrest warrant (EAW) allows a judge in one Member State to obtain the arrest and surrender of a person located in another. Between France and Luxembourg, where tens of thousands of people live on one side and work on the other, the situation is common: a cross-border worker arrested in Luxembourg on a French warrant, a Luxembourg resident picked up in Metz on a Grand-Duchy warrant. Admitted to both Bars, I act in both procedures.

When the firm steps in


A European arrest warrant is decided in days: deadlines are short and consent, once given, is irrevocable.

  • You have been arrested in Luxembourg on a warrant issued by a French or other Member State judge.
  • You have been arrested in France on a warrant issued by Luxembourg.
  • You know a warrant or a Schengen alert targets you and want to organise your defence before any arrest.
  • A relative is detained pending surrender and you are seeking their release.
  • You are the subject of an Interpol red notice or an extradition request from a non-EU State.
  • You have been surrendered and want to challenge the procedure or rely on the speciality rule.

Arrested in Luxembourg: the procedure under the Act of 17 March 2004

On arrest, the requested person is informed of the warrant and of their rights (article 7): a lawyer in Luxembourg and in the issuing State, free translation, the option to consent, a hearing before a judge. They may notify a relative (article 7-1). The investigating judge decides whether to keep them in detention (article 8); a release application may be filed at any time with the chambre du conseil, which grants it only where real guarantees rule out the risk of evading surrender (article 9).

Consent to surrender, given before a magistrate in the presence of the lawyer, is irrevocable and amounts to an execution decision (article 10). Without consent, the chambre du conseil rules within 20 days of the arrest, in open court unless a closed hearing is requested (article 12). Appeal within 5 days to the chambre du conseil of the Court of Appeal, which decides within 20 days; a cassation appeal is available (article 13). Surrender takes place no later than 10 days after the final decision (article 14).

Grounds for refusal and negotiating guarantees

The Act distinguishes mandatory grounds for refusal (amnesty, final judgment for the same acts, age below criminal responsibility) from optional ones (article 5): pending prosecution in Luxembourg for the same acts, a decision not to prosecute, limitation under Luxembourg law, acts committed in whole or in part on Luxembourg territory. The defence consists in checking the warrant point by point (double criminality outside the list, description of the acts, issuing authority), raising these grounds and, where surrender is unavoidable, obtaining guarantees: return to Luxembourg to serve the sentence, detention conditions, respect for the speciality rule.

Arrested in France on a Luxembourg warrant

In France, the arrested person is brought before the Public Prosecutor General within 48 hours and informed of the warrant and of their right to a lawyer and an interpreter (articles 695-27 et seq. of the Code of Criminal Procedure). They may consent to surrender before the chambre de l'instruction, which then rules within 7 days; otherwise the chamber rules within 20 days, with a cassation appeal. The Prosecutor General may order detention or judicial supervision in the meantime. For a cross-border worker, the central issue is often to remain free until the decision and to arrange a voluntary appearance in Luxembourg.

Extradition outside the EU and Interpol notices

Where the requesting State is not an EU member, the extradition procedure applies: in Luxembourg, the Act of 20 June 2001 on extradition and bilateral treaties; in France, articles 696 et seq. of the Code of Criminal Procedure, with a decision by the chambre de l'instruction followed by a decree of the Prime Minister. An Interpol red notice is not an arrest warrant but may lead to provisional arrest at a border crossing. Here too, anticipating allows the notice to be challenged before the Commission for the Control of Interpol's Files and the defence to be prepared before any arrest.

Frequently asked questions


Should I consent to surrender?

Consent speeds up the procedure but is irrevocable and, unless expressly reserved, entails waiving the speciality rule. It should only be given after reviewing the warrant with your lawyer: regularity, acts covered, possible grounds for refusal, prospects in the issuing State. In some cases an organised voluntary appearance is better than consent under pressure.

Can I be released while the surrender decision is pending?

In Luxembourg, the chambre du conseil may order release where there are real guarantees that the person will not evade surrender, or where the arrest is seriously irregular. In France, the Prosecutor General and then the chambre de l'instruction may prefer judicial supervision to detention. A stable home, job and family ties are decisive.

How long does the procedure take?

With consent, a few days to two weeks. Without consent, in Luxembourg the chambre du conseil rules within 20 days of the arrest, the appeal is decided within the following 20 days, then surrender takes place within 10 days; in France, the chambre de l'instruction rules within 20 days, subject to a cassation appeal. A contested case therefore lasts one to three months.

I live in Luxembourg and a French judge is seeking me: can I serve my sentence in Luxembourg?

Where the warrant is for the execution of a sentence, the executing State may refuse to surrender a resident or national and enforce the sentence itself; where it is for prosecution, it may make surrender conditional on a guarantee of return to serve the sentence. These guarantees are negotiated before the chambre du conseil and require proof of genuine residence.

What is the speciality rule?

A surrendered person may only be prosecuted or sentenced in the issuing State for the acts covered by the warrant, unless the executing State consents or the person waives the rule. Waiving it when consenting has serious consequences; discuss it with your lawyer before making any statement.

European arrest warrant, Interpol notice, extradition?

Deadlines are counted in days. Call as soon as you are arrested or learn that a warrant exists. Offices in Luxembourg-Belair and Metz; French, English, German.