The speciality rule is a fundamental safeguard within the European Arrest Warrant, ensuring that surrendered individuals are prosecuted only for the offences for which surrender was originally granted. Based on insights gathered from national authorities across the European Union, this publication provides an overview of the practical and legal challenges encountered in applying the rule, including issues related to consent requests, procedural requirements, subsequent surrender and differing national approaches. It also highlights examples of operational best practice and identifies opportunities to improve consistency and efficiency in cross-border judicial cooperation.

The publication is significant because it addresses recurring operational difficulties that continue to affect judicial authorities across Member States, despite guidance from the Court of Justice of the European Union. By identifying common challenges and practical solutions, the report contributes to a better understanding of how the speciality rule functions in practice and supports more effective cooperation in complex cross-border criminal proceedings. The findings are particularly relevant at a time when judicial authorities are handling increasingly difficult cross-border criminal cases requiring swift and coordinated action across jurisdictions.

Eurojust played a central role in gathering the findings through a targeted questionnaire addressed to EU national authorities and through its operational casework experience.