Judgment is available
Review operative part, reasons and summons. The difference from an ordinary European arrest warrant lies in the history of the decision. Did the person know about the proceedings and could they defend themselves?
Pre-trial detention
European arrest warrant after a trial in absentia: assurances and retrial rights
What to check when a European arrest warrant is based on an in absentia judgment and retrial assurances.
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Mag. Christopher Angerer, Rechtsanwalt
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23 August 2026 · Mag. Christopher Angerer, Rechtsanwalt
If a European arrest warrant is based on a foreign judgment given in the person’s absence, surrender is not merely formal. Section 11 EU-JZG requires a specific review of knowledge, representation and the possibility of a new hearing.
This article focuses on the special case of an in absentia judgment. Service, knowledge, defence, assurances and the documents to be requested before surrender are decisive.
Initial assessment
Which next steps fit?
What is unclear about the in absentia judgment?
You already know you want to send a request? Go directly to the contact form.
What is unclear about the in absentia judgment?
Choose the point that best matches the current situation.
All paths at a glance
Overview of all answers.
Knowledge is disputed
Reconstruct service and actual knowledge. The difference from an ordinary European arrest warrant lies in the history of the decision. Did the person know about the proceedings and could they defend themselves?
Assurance is missing
Clarify retrial or new hearing. The difference from an ordinary European arrest warrant lies in the history of the decision. Did the person know about the proceedings and could they defend themselves?
Relatives collect documents
Organise chronology and contacts. The difference from an ordinary European arrest warrant lies in the history of the decision. Did the person know about the proceedings and could they defend themselves?
Legal framework and distinction
Legal framework and distinction
Section 11 EU-JZG is the central review point for in absentia judgments in European arrest warrant cases. The EAW framework explains why assurances and retrial possibilities matter.
The difference from an ordinary European arrest warrant lies in the history of the decision. Did the person know about the proceedings and could they defend themselves?
Which documents matter now
Which documents matter now
The judgment, summons, proof of service, defence documents, translations, records and any assurance from the issuing state are needed.
The earlier these points are organised, the easier it is to make a reliable legal assessment.
What legal review focuses on
What legal review focuses on
The difference from an ordinary European arrest warrant lies in the history of the decision. Did the person know about the proceedings and could they defend themselves?
Section 11 EU-JZG is the central review point for in absentia judgments in European arrest warrant cases. The EAW framework explains why assurances and retrial possibilities matter.
Common mistake in this situation
Common mistake in this situation
Do not only read the warrant and do not generally claim that the foreign judgment is wrong. The issue is concrete procedural guarantees.
The judgment, summons, proof of service, defence documents, translations, records and any assurance from the issuing state are needed.
Review matrix
Which next steps fit?
What is unclear about the in absentia judgment?
| Point | Review | Next step |
|---|---|---|
| Judgment is available Judgment is available | Review operative part, reasons and summons | The judgment, summons, proof of service, defence documents, translations, records and any assurance from the issuing state are needed. |
| Knowledge is disputed Knowledge is disputed | Reconstruct service and actual knowledge | The judgment, summons, proof of service, defence documents, translations, records and any assurance from the issuing state are needed. |
| Assurance is missing Assurance is missing | Clarify retrial or new hearing | The judgment, summons, proof of service, defence documents, translations, records and any assurance from the issuing state are needed. |
| Relatives collect documents Relatives collect documents | Organise chronology and contacts | The judgment, summons, proof of service, defence documents, translations, records and any assurance from the issuing state are needed. |
Section 11 EU-JZG is the central review point for in absentia judgments in European arrest warrant cases. The EAW framework explains why assurances and retrial possibilities matter.
Practice point: The difference from an ordinary European arrest warrant lies in the history of the decision. Did the person know about the proceedings and could they defend themselves?
Brandauer Newsletter: Current notes on detention and legal protection are also available in the Brandauer Newsletter.
FAQ
Common questions.
What is unclear about the in absentia judgment? +
The difference from an ordinary European arrest warrant lies in the history of the decision. Did the person know about the proceedings and could they defend themselves?
Which documents matter? +
The judgment, summons, proof of service, defence documents, translations, records and any assurance from the issuing state are needed.
What should be avoided? +
Do not only read the warrant and do not generally claim that the foreign judgment is wrong. The issue is concrete procedural guarantees.
Further reading
Related articles for context
Topics
European arrest warrantin absentiaEU-JZGretrialsurrender detention
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