Questions and answers about surrender under a European arrest warrant
Which public authority processes matters concerning surrender to Sweden?
The Swedish Prosecution Authority processes matters concerning surrender for prosecution to be brought in Sweden.
Are the Government or the Ministry of Justice involved in matters concerning surrender to Sweden?
Are Swedish prosecutors entitled to issue a European arrest warrant?
Yes. This is stated in the Ordinance on surrender to Sweden according to the European arrest warrant (2003:1178).
Under Article 6 of the Framework Decision on the European arrest warrant, each Member State must determine which judicial authority is competent to issue a European arrest warrant by virtue of the law of that State. Sweden's position is that judicial authorities can be both courts and prosecutors and has determined that prosecutors are competent under Swedish law to issue an arrest warrant for the purpose of prosecution.
What happens once a person has been surrendered to Sweden?
Upon arrival in Sweden, the surrendered person is transferred to a detention centre in Sweden. The prosecutor must notify the court as soon as a remand order has been enforced, i.e. when the surrendered person has arrived in Sweden. The court shall hold a hearing regarding the issue of detention without delay. During the hearing, the court must set a time-limit by which legal proceedings must have been initiated.