France runs two parallel systems depending on where the request comes from — and a genuinely distinctive nationality protection that only applies to one of them.
The EAW is a genuinely distinct legal mechanism from ordinary extradition, with its own legal test applied by French courts.
For a defined list of serious offences meeting a minimum sentence threshold, French courts do not check dual criminality before surrender.
Once arrested, EAW admissibility is reviewed by the Chambre de l'instruction of the Court of Appeal.
Unlike traditional extradition, France does surrender its own nationals under EAW for certain serious offences to other EU states.
France is party to bilateral extradition treaties with more than 80 countries, including a 1996 treaty with the United States, plus the 1957 European Convention on Extradition.
Articles 696 et seq. govern the process, with the Chambre de l'instruction conducting judicial review and the Prime Minister holding final executive authority.
French nationals cannot be extradited to non-EU states under any circumstances — among the strongest nationality protections in Europe.
France refuses extradition to face the death penalty unless reliable diplomatic assurances are provided that it will not be imposed or carried out.
French law recognises several statutory bars — but which ones are realistically available depends heavily on whether you're facing an EAW or a traditional extradition request.
Where French authorities request an INTERPOL notice for someone abroad, in support of a request to bring them back to France.
Where a foreign notice concerns someone travelling through or living in France, with knock-on effects for banking, residency, or travel.
Notices can be challenged before the Commission for the Control of INTERPOL's Files regardless of your location. See our full CCF appeal guide →
An EAW applies between EU member states and follows a fast-track process with limited grounds to refuse. Ordinary extradition applies to non-EU requests and follows treaty law plus the Code de procédure pénale, with the added protection of Article 696-4 for French nationals.
Yes. Representation is provided by the network lawyer admitted to practice in France, working together with the rest of the network on strategy.
French nationals cannot be extradited to non-EU states under Article 696-4 — an absolute constitutional-level protection. However, they can still be surrendered under an EAW for prosecution in another EU state.
The Chambre de l'instruction reviews judicial admissibility, but the Prime Minister holds final executive authority and can refuse extradition even after a positive judicial opinion.
Yes, though the available routes and deadlines differ between EAW and traditional extradition cases — early legal advice is important given how compressed EAW timelines can be.
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