Spain/Germany: Spain annuls German EAW's

The Spanish newspaper El País reported that the Audiencia Nacional (a Madrid-based court whose competencies include terrorist offences, serious organised crime affecting more than one region and 'passive' extradition) is set to annul European arrest warrants issued by Germany in response to the denial to hand over a German citizen suspected of terrorist offences to Spain after the German Constitutional Court ruled on 18 July 2005 that the law transposing the European arrest into national law was unconstitutional as it encroached upon the defendants' fundamental rights, most notably because of the absence of a procedure to appeal the handing over. Germany reportedly processed subsequent European arrest warrants issued by Spain as ordinary extraditions, contrary to guarantees that were given to Spanish judicial authorities.

The Audiencia Nacional is expected to treat the European arrest warrants issued by Germany as international arrest warrants subject to ordinary extradition procedure, as a result of Germany having excluded itself from judicial cooperation based on the European arrest warrant.

1. El País, 21.9.05.
2. German Constitutional court revokes national regulation implementing European Arrest Warrant; Statewatch news online, July 2005.



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