Fiches Belges

Yes. Transit through the national territory of a requested person who is being surrendered to another State.

Art. 25 of the amended FD 2002/584/JHA on EAWs (implemented by the Law of 17 March 2004); Art. 16 FD 2008/909/JHA on custodial sentences (implemented by the Law of 28 February 2011), Art. 22 (4) Directive 2014/41/EU on EIOs (implemented by the Law of 1st August 2018). Alternative: Art. 9(9) EU MLA Convention 2000; Art. 11 (2) CoE European Convention on Mutual Assistance in Criminal Matters (1959); also in the absence of international instruments, art. 27 and 28 of the Law of 20 June 2001.

General Prosecutor. Where requested under the EU MLA Convention 2000, the CoE European Convention on Mutual Assistance in Criminal Matters or the 2001 Law on extradition, the request shall be addressed tp the Ministry of Justice.

French, German and English.

N/A

Where transit requested on the basis of a EAW: The request shall provide the following information: identity and nationality of the person subject to the European arrest warrant; the existence of a European arrest warrant; the nature and legal classification of the offence; the description of the circumstances of the offence, including the date and place. Where the person is surrended for the purposes of prosecution is a national or resident of Luxembourg, transit may be subject to the condition that he/she, after being heard, is returned to Luxembourg to serve the custodial sentence or detention order passed against him in the issuing Member State.