the European arrest warrant - Statewatch

Chapter III – Grounds for non-execution
Article 26 - General provision
The executing judicial authority may refuse to execute a European arrest warrant under the
circumstances described in Articles 27 to 34.
Article 27 - List of exceptions
Without prejudice to the objectives of article 29 TEU, each Member State may establish an
exhaustive list of conduct which might be considered as offences in some Member States, but
in respect of which its judicial authorities shall refuse to execute a European arrest warrant on
the grounds that it would be contrary to fundamental principles of the legal system in that
State.
The list and any change to it shall be published in the Official Journal of the European
Communities at least three months before a Member State may invoke the first paragraph in
respect of the conduct concerned.
Article 28 - Principle of territoriality
The executing judicial authority may refuse to execute a European arrest warrant issued in
respect of an act which is not considered an offence under the law of the executing Member
State and which did not occur, at least in part, on the territory of the issuing Member State.
Article 29 - Ne bis in idem
1. The executing judicial authority shall refuse to execute a European arrest warrant, if a
judicial authority in the executing Member State has passed final judgement upon the
requested person in respect of the offence for which the European arrest warrant has
been issued.
2. The execution of a European arrest warrant shall be refused if the judicial authorities
of the executing Member State have decided either not to institute or to terminate
proceedings in respect of the offence for which the European arrest warrant has been
issued.
Article 30 - Amnesty
The executing judicial authority may refuse to execute a European arrest warrant in respect of
an offence covered by an amnesty in the executing Member State where that Member State
was competent to prosecute the offence under its own criminal law.
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