contents table
European Arrest Warrant (EAW)
Article 16

Article 16 — Decision in the event of multiple requests

  1. If two or more Member States have issued European arrest warrants for the same person, the decision on which of the European arrest warrants shall be executed shall be taken by the executing judicial authority with due consideration of all the circumstances and especially the relative seriousness and place of the offences, the respective dates of the European arrest warrants and whether the warrant has been issued for the purposes of prosecution or for execution of a custodial sentence or detention order.
  2. The executing judicial authority may seek the advice of Eurojust(1) when making the choice referred to in paragraph 1.
  3. In the event of a conflict between a European arrest warrant and a request for extradition presented by a third country, the decision on whether the European arrest warrant or the extradition request takes precedence shall be taken by the competent authority of the executing Member State with due consideration of all the circumstances, in particular those referred to in paragraph 1 and those mentioned in the applicable convention.
  4. This Article shall be without prejudice to Member States' obligations under the Statute of the International Criminal Court.