How the European Arrest Warrant Procedure Works in Greece: Step‑by‑step (2026 Update)

Understanding how the European Arrest Warrant procedure works in Greece is essential for anyone facing arrest under an EAW, as well as for defence counsel preparing to advise on surrender proceedings. Greece transposed the EU’s mutual-recognition framework through Law 3251/2004, which establishes the procedural sequence from arrest to surrender, or refusal, and sets the statutory deadlines that govern every stage. This guide maps the entire EAW execution process as it operates in Greek courts in 2026, incorporating the practical implications of Eurojust’s May 2026 summary report on the speciality rule and the ongoing scrutiny of Greece’s transposition compliance.

Whether you are a requested person, a family member seeking urgent guidance, or a legal professional coordinating cross-border defence, the numbered steps, document checklists, timeline tables and cost estimates below provide the actionable detail you need before instructing counsel.

Overview of the EAW process and who it applies to

The European Arrest Warrant is a judicial surrender mechanism that operates between EU Member States. It replaced traditional extradition between Member States with a streamlined, court-to-court procedure based on the principle of mutual recognition of judicial decisions, as established by Council Framework Decision 2002/584/JHA. An EAW may be issued for two purposes: to prosecute a person for a criminal offence (a “prosecution EAW”) or to enforce a custodial sentence or detention order that has already been imposed (an “execution EAW”).

In Greece, the EAW system is implemented by Law 3251/2004. When a Greek court acts as the executing judicial authority, it receives the warrant from the issuing state and decides whether to surrender the requested person. When a Greek prosecutor or court acts as the issuing authority, it transmits the warrant to the Member State where the person is located. This guide focuses on the execution side, the procedure that applies when a person is arrested in Greece on an EAW issued by another Member State.

Key definitions

• European Arrest Warrant (EAW). A judicial decision issued by a Member State requiring the arrest and surrender of a requested person by another Member State, for the purpose of prosecution or execution of a custodial sentence.
• Issuing state. The EU Member State whose judicial authority issues the EAW.
• Executing state. The Member State where the requested person is located and arrested, in this guide, Greece.
• Requested person. The individual named in the EAW who is subject to arrest and potential surrender.

The EAW can be transmitted directly between judicial authorities or circulated via the Schengen Information System (SIS II). Once a valid alert or warrant reaches the Greek authorities, the arrest and execution procedure under Law 3251/2004 begins. For a broader overview of extradition practice in Greece, including non-EU processes, see our country page.

Eligibility and prerequisites for EAW execution in Greece

Before a Greek court can execute an EAW, several legal prerequisites must be satisfied. The executing judicial authority verifies these conditions at the outset, and defence counsel should scrutinise each one as a potential ground for refusal or postponement.

Formal validity of the warrant

The EAW must be submitted on the standard form prescribed by the Annex to Council Framework Decision 2002/584/JHA. It must contain the identity details of the requested person, the nature and legal classification of the offence, the applicable penalty, and a description of the circumstances. An incomplete or materially deficient form may be challenged at the initial hearing.

Double criminality in Greece

Under the Framework Decision and Law 3251/2004, double criminality, the requirement that the offence also constitutes a crime under Greek law, is not assessed for a list of 32 categories of offences, provided the offence carries a maximum penalty of at least three years’ imprisonment in the issuing state. These categories include terrorism, trafficking in human beings, corruption, fraud, money laundering and participation in a criminal organisation, among others. For offences falling outside the 32-category list, Greece may require that the conduct constitutes an offence under Greek law before it agrees to surrender.

Mandatory and discretionary grounds for refusal

Greek courts must refuse execution where the offence is covered by an amnesty under Greek law, where the requested person has already been finally judged for the same acts (ne bis in idem), or where the person is below the age of criminal responsibility. Discretionary grounds include the offence having been committed in whole or in part on Greek territory, ongoing Greek proceedings for the same acts, or the requested person being a Greek national for whom Greece undertakes to enforce the sentence domestically.

Human-rights bars and the Aranyosi & Căldăraru standard

Greece does not have a blanket “no extradition” law, but Greek courts may postpone or refuse surrender where there is a real risk that the requested person’s fundamental rights will be violated. Following the CJEU’s ruling in Joined Cases C‑404/15 and C‑659/15 PPU (Aranyosi & Căldăraru), executing courts must carry out a two-step assessment: first, whether there is systemic or generalised deficiency in detention conditions in the issuing state, and second, whether there are substantial grounds for believing that the specific individual will face inhuman or degrading treatment. Defence teams should present evidence on prison conditions as early as possible in the proceedings.

Step‑by‑step: how the European Arrest Warrant procedure works in Greece

The following numbered steps set out the core procedural stages of EAW execution in Greece, from the moment of arrest to final surrender or refusal. The table below summarises the responsible actors and typical durations at each stage. All statutory time references are drawn from Council Framework Decision 2002/584/JHA and Law 3251/2004.

Step 1, Arrest and initial processing

The requested person is arrested by Greek police, either on the basis of a SIS II alert or upon receipt of the EAW by the Greek Central Authority (the Hellenic Ministry of Justice). At the point of arrest, the person must be informed of the existence and content of the EAW, their right to legal representation, their right to an interpreter and translator, and their right to consent to or contest surrender. The arresting authority notifies the competent judicial authority and the Ministry of Justice without delay.

If arrested, immediate checklist (first 24 hours):

• Request a lawyer immediately. You have the right to legal representation from the moment of arrest.
• Request an interpreter. All communications and key documents must be provided in a language you understand.
• Ask for a copy of the EAW. You are entitled to see the warrant and its translation.
• Do not make statements without legal advice. Anything you say may be used in proceedings.
• Notify family or consulate. Request that the authorities inform a family member or your consular representative.

Step 2, Initial hearing before the competent judge

Following arrest, the requested person is brought before the competent judge, typically the President of the Court of First Instance in the district where the arrest occurred. This hearing must take place promptly, ordinarily within 24 to 72 hours of the arrest. At this stage, the judge verifies the identity of the requested person, confirms that they have been informed of their rights, and determines whether provisional detention is warranted pending the outcome of the surrender proceedings. The requested person may challenge the formal validity of the EAW and may apply for provisional measures against surrender, including release on conditions. Defence counsel should raise any immediately apparent deficiencies in the warrant at this stage.

Step 3, Examination of the EAW by the executing court

The substantive examination of the EAW is carried out by the competent judicial formation. The court assesses the formal completeness of the warrant, confirms the identity of the requested person, reviews whether double criminality applies (for offences outside the 32-category list), and considers any mandatory or discretionary grounds for refusal. If the court identifies gaps in the warrant, for instance, insufficient detail on the offence or a missing speciality-rule guarantee, it may request additional information or assurances from the issuing judicial authority. Industry observers expect that, following Eurojust’s May 2026 report, Greek courts will increasingly request written speciality-rule guarantees before proceeding to a surrender decision.

Step 4, Decision on execution or refusal

Under Article 17 of Council Framework Decision 2002/584/JHA, the executing judicial authority should take a final decision on the execution of the EAW within 60 days of the arrest of the requested person. In exceptional circumstances, such as where additional information has been requested from the issuing state, this deadline may be extended by a further 30 days, giving a maximum decision window of 90 days. The court may order unconditional surrender, conditional surrender (subject to guarantees from the issuing state), or refusal. Where the requested person is a Greek national or resident, the court may condition surrender on a guarantee that the person will be returned to Greece to serve any sentence imposed.

Step 5, Surrender and physical transfer

Once the decision to surrender becomes final, the Greek authorities coordinate with the issuing state to arrange the physical transfer of the requested person. Under Article 23 of the Framework Decision, surrender should take place within 10 days of the final decision. If surrender cannot be carried out within this period due to circumstances beyond the control of either state, such as force majeure or serious humanitarian reasons, a new date is agreed, with transfer taking place within 10 days of the new date. If the requested person is not surrendered within the applicable timeframes, they must be released. Transit through other Member States may be arranged where necessary, with the consent of the transit state.

Step 6, Remedies, appeals and detention review

The requested person has the right to appeal the surrender decision. EAW appeal deadlines in Greece are short, and defence counsel must file any appeal immediately after the decision is handed down. The filing of an appeal may suspend the surrender, depending on the procedural rules applicable to the specific judicial formation. In addition to the formal appeal, the requested person may apply for provisional measures against surrender, including requests for release from detention or postponement of transfer on humanitarian or medical grounds. Detention review in Greece must be conducted periodically to ensure that continued detention remains proportionate, if the statutory decision deadlines are exceeded without justification, the court must consider releasing the requested person.

Where provisional release is granted, the court will typically impose conditions such as surrender of travel documents, reporting obligations, or a prohibition on leaving the jurisdiction.

Documents needed for EAW execution in Greece

The documents needed for EAW execution fall into two categories: those that the issuing authority must provide as part of the warrant, and those that the defence may need to gather in order to challenge or condition surrender. The table below sets out the key documents, who issues them, and relevant format or translation requirements.

Tactical notes for defence teams

If you are representing a requested person, consider requesting additional documents from the issuing state at the earliest opportunity. Where prison-conditions evidence is relevant, compile country reports, NGO findings, and any available CPT (Committee for the Prevention of Torture) visit reports for the specific facility where the person is likely to be detained. To seek a speciality-rule guarantee, submit a written request through the executing court asking the issuing authority to confirm, in writing, that prosecution will be limited to the offences described in the EAW. This is particularly important in 2026, given the implementation gaps identified in Eurojust’s summary report.

To find an extradition lawyer in Greece who can assist with document preparation and hearing representation, consult our lawyer directory.

EAW Greece timeline and key deadlines

The EAW Greece timeline is governed by strict statutory deadlines. Missing a deadline, particularly for appeals, can have irreversible consequences. The table below consolidates the critical deadlines applicable to EAW execution proceedings in Greece, based on Council Framework Decision 2002/584/JHA and Law 3251/2004.

How long does an EAW take in Greece? In straightforward cases where the requested person consents, the entire process, from arrest to surrender, may be completed within two to three weeks. In contested cases, particularly where additional information is requested from the issuing state or where human-rights objections are raised, the process may extend to the full 90-day statutory limit. An EAW itself does not expire in the same way as a traditional extradition request; it remains valid as long as the underlying judgment or warrant is enforceable in the issuing state.

Costs, fees and financial considerations

EAW proceedings in Greece are criminal in nature, and court filing fees for the surrender hearing itself are typically minimal or absent. The primary costs are incurred in legal representation, translations and expert evidence. The table below provides indicative cost estimates. All figures are approximate and will vary depending on the complexity and urgency of the case.

Requested persons who lack financial means may apply for legal aid under the Greek legal aid system. Eligibility criteria apply, and applications should be submitted at the earliest opportunity to avoid delays in securing representation.

European Arrest Warrant speciality rule 2026: what changes and what to do

The speciality rule is one of the most important safeguards in the EAW framework. Under Article 27 of Council Framework Decision 2002/584/JHA, a person surrendered under an EAW may not, in principle, be prosecuted, sentenced or deprived of liberty for any offence committed before surrender other than the offence for which they were surrendered. The issuing state must obtain the consent of the executing state before proceeding against the person for other offences.

On 13 May 2026, Eurojust published its summary report on the speciality rule under the European Arrest Warrant. The report identified significant variations in how Member States implement and apply the speciality rule, including non-conformity concerns relating to the transposition of Article 27 into national law. Early indications suggest that Greece is among the Member States where implementation gaps have been flagged, particularly concerning the mechanisms by which executing courts can verify that issuing states will comply with the speciality principle post-surrender.

The likely practical effect for practitioners operating in Greece in 2026 is heightened scrutiny at the execution stage. Greek courts are expected to request written guarantees from issuing authorities more frequently, and defence teams have a stronger basis for raising speciality-rule objections where the issuing state’s domestic framework does not fully conform to the Framework Decision.

Practical checklist for speciality-rule guarantees

• Request a written guarantee limiting prosecution. Ask the issuing judicial authority to confirm in writing that the surrendered person will only be prosecuted for the offences specified in the EAW.
• Require a notification commitment. The guarantee should include an undertaking to notify the Greek executing authority before initiating any new prosecution based on pre-surrender conduct.
• Seek guarantees on plea bargaining and charge amendments. Where the issuing state’s practice permits the addition of charges or plea amendments post-surrender, request explicit limitations confirming that any such changes will be communicated to and approved by the executing authority.
• Document the guarantee in the court file. Ensure that the written guarantee is formally submitted to the Greek executing court and forms part of the surrender decision record.

Common pitfalls in EAW proceedings in Greece and how to avoid them

• Failing to instruct a lawyer before the initial hearing. The period between arrest and the first judicial appearance is critical. Delays in securing legal representation can result in missed opportunities to challenge the warrant’s validity or apply for provisional release.
• Missing appeal deadlines. EAW appeal deadlines are extremely short. Defence counsel must be prepared to file an appeal immediately upon receipt of the surrender decision. Calendar the deadline from the moment the decision is announced, do not wait for written reasons.
• Not requesting a speciality-rule guarantee. In light of Eurojust’s 2026 findings, failing to request a written guarantee from the issuing state is a missed tactical opportunity. The guarantee can form the basis of a conditional surrender or a refusal if the issuing state does not comply.
• Raising prison-conditions evidence too late. Evidence on detention conditions in the issuing state should be gathered and submitted at the earliest stage of the proceedings, ideally at the initial hearing or during the EAW examination phase. Last-minute submissions may be disregarded or may not justify an adjournment.
• Overlooking translation rights. The requested person is entitled to translation of the EAW and key documents. Failure to request translation can impair the person’s ability to participate in proceedings and may constitute a procedural irregularity.
• Neglecting detention review. If the statutory decision deadline passes without a decision on surrender, the defence should immediately apply for release. Continued detention beyond the statutory period without justification is unlawful.

If you miss a deadline: file an emergency application for restoration of time or for extraordinary review, supported by evidence of the reasons for the delay. Contact the court registry immediately and seek an urgent hearing. In parallel, consider applying for provisional measures against surrender to prevent transfer while the procedural issue is resolved.

Sources

1. European Commission, European arrest warrant
2. EUR‑Lex, Council Framework Decision 2002/584/JHA
3. Eurojust, Summary report on the speciality rule under the European Arrest Warrant (May 13, 2026)
4. Law 3251/2004, Greek implementing legislation (EAW transposition)
5. Court of Justice of the European Union, Joined Cases C‑404/15 and C‑659/15 PPU (Aranyosi & Căldăraru)