Constitutional Provision:
The execution of a European arrest warrant against an Austrian national by an Austrian judicial authority is only admissible under special conditions:
The execution of a European arrest warrant against an Austrian national for acts that are subject to the jurisdiction of Austrian criminal laws is inadmissible (= ground for refusal of execution of the EAW Art 4 para 2 Council Framework Decision). Under national Austrian law, the Public Prosecutor's Office is obliged to prosecute any offence punishable under Austrian law - including those committed outside the Austrian territory.
The execution of a European arrest warrant against an Austrian national for the enforcement of a custodial sentence or a preventive measure involving deprivation of liberty is inadmissible. If an Austrian judicial authority is requested to execute such an arrest warrant, the sentence or measure imposed by the issuing State shall be enforced in Austria without separate application by the issuing judicial authority. In such case, the Austrian authorities automatically initiate the proceedings necessary to take over the enforcement of the sentence.
Pursuant to Article 32 of the framework decision on the European arrest warrant and the surrender procedures between Member States, Austria states that as executing Member State it will continue to deal with requests relating to punishable acts (partly) committed before the date of entry into force of the framework decision (date before 7th August 2002) in accordance with the extradition system applicable before that date. In such cases, a formal extradition request is required.