Why Norwegian Cases Are Different
Norway is closely integrated with the European Union through the European Economic Area (EEA) and the Schengen Agreement. It participates in EU internal market rules, free movement, and cross-border cooperation. But Norway is not an EU member state. This has profound legal consequences for Polish nationals in Norway facing criminal proceedings or extradition.
The most important practical difference: the European Arrest Warrant does not apply between Poland and Norway. This changes the entire legal landscape. Polish citizens who are long-term residents in Norway enjoy constitutional protection against extradition that does not exist within the EU — and exploiting that protection effectively requires specialist knowledge.
Key principle: Under Article 55(1) of the Polish Constitution, the extradition of Polish citizens to states outside the European Union is expressly prohibited. Norway is not an EU member state. A Polish citizen living in Norway cannot be extradited to Poland under any treaty — they can only be surrendered under the EAW framework, which does not apply here.
The Legal Framework: Poland–Norway
Extradition between Poland and Norway is governed by:
- The European Convention on Extradition 1957 (Council of Europe, to which both Poland and Norway are parties)
- Additional Protocols to the European Convention on Extradition (1975 and 1978)
- The Polish Code of Criminal Procedure (Chapter 65)
- Norwegian extradition legislation (Utleveringsloven)
Because Norway is not subject to the EAW framework, extradition requests between the two countries follow the slower, more process-heavy traditional extradition route — meaning more time for legal challenges, more procedural grounds for refusal, and stronger constitutional protections for Polish nationals.
When a Polish National Is Arrested in Norway
If a Polish national is arrested in Norway — whether in connection with Norwegian criminal proceedings or pursuant to a Polish warrant — they have the right to legal representation immediately. However, Norwegian defence counsel, while competent in Norwegian law, typically lacks expertise in Polish criminal procedure, extradition law, and the Polish constitutional protections available.
We work alongside Norwegian defence attorneys to provide the Polish-law expertise that their clients need. Our team communicates in Norwegian and we coordinate directly with Norwegian counsel to build the strongest possible combined defence strategy.
Polish Warrants — Red Notices and Interpol
Polish authorities often request the issuance of an Interpol Red Notice for individuals sought in Norway. A Red Notice is not an arrest warrant — it is a request for cooperation — but can result in detention at national borders and create serious practical difficulties. We regularly apply to have Red Notices removed or challenged through Interpol's Commission for the Control of INTERPOL's Files (CCF).
Transfer of Sentenced Persons
A Polish national serving a prison sentence in Norway may apply to serve the remainder of their sentence in Poland under the Council of Europe Convention on the Transfer of Sentenced Persons 1983 and its Additional Protocol. Similarly, a Norwegian national serving a sentence in Poland may apply to be transferred to Norway.
We manage the full application process — liaising with the Polish Ministry of Justice, the Norwegian Correctional Service (Kriminalomsorgen), and the courts — to achieve a transfer that minimises the sentence remaining and preserves the client's family and community ties.
Types of Cases We Handle
Criminal Proceedings in Polish Courts Involving Norwegian Connections
Polish nationals living in Norway are sometimes summoned or prosecuted in Polish criminal proceedings for conduct that occurred in Poland prior to their emigration. These cases require a Warsaw attorney who can appear in court on their behalf without requiring them to return to Poland — a critical protection for clients who fear arrest on arrival.
We represent clients in absentia where Polish law permits, apply for hearings to be conducted by video link, and in appropriate cases apply for proceedings to be conducted through Norwegian authorities via mutual legal assistance channels.
Child Welfare Proceedings (Barnevernet)
Cases involving the Norwegian child welfare service (Barnevernet) are among the most distressing cases our clients face. Polish parents in Norway — often unfamiliar with Norwegian law, language, and institutions — sometimes find themselves involved in proceedings that may result in the temporary or permanent removal of their children.
While these are civil proceedings under Norwegian law, they frequently have a cross-border dimension — particularly when questions arise about whether the child should be returned to Poland, or when Polish family members seek to assert their rights. We work with specialist Norwegian family lawyers and advise Polish parents on their options under both legal systems.
Fraud, Employment Disputes, and Criminal Allegations in a Work Context
Many Polish nationals in Norway work in construction, maritime industries, agriculture, and hospitality. Legal problems in a work context — allegations of fraud, tax evasion, undeclared labour, workplace accidents involving criminal liability — can quickly become cross-border matters if they also engage Polish law or involve Polish employers.
Domestic Violence and Family Law with Criminal Dimensions
Cases involving allegations of domestic violence — in either direction — often arise in Polish-Norwegian families and carry criminal dimensions in both jurisdictions. Where a person faces criminal proceedings in Norway but also in Poland, we coordinate strategy across both proceedings to avoid inconsistencies and protect our client's interests.
Our Norwegian-Language Service
Our team includes attorneys with working proficiency in Norwegian. We correspond with Norwegian courts, prosecutors, and counsel in Norwegian; we advise Norwegian-speaking clients directly; and we provide Polish-language interpretations of Norwegian legal documents for clients who do not speak English.
We are one of the very few Warsaw law firms with genuine Norwegian-language capability in criminal and extradition matters. When a client in Oslo calls at midnight facing arrest under a Polish warrant, they speak to a lawyer who understands both systems — and who acts immediately.
How to Reach Us From Norway
If you or a family member has been arrested, charged, or is facing extradition proceedings while in Norway, contact us immediately. We can arrange an initial consultation by telephone or video call within hours. There is no charge for the initial consultation, and everything you tell us is strictly confidential.