Belgium

Under the EAW framework, the executing judge is not required to carry out an autonomous assessment of the evidentiary basis. In particular, the reference to “serious indications of guilt” has been removed from Article 17(4) of the relevant law; therefore, their absence does not constitute a legitimate ground for refusing surrender, not even on a discretionary basis. Moreover, precisely the elimination of any autonomous assessment of serious indications of guilt has led to a significant reduction in the documentation accompanying the European Arrest Warrant, with the consequence that a ground of appeal cannot be based on the alleged insufficiency of the supporting documentation.