Extradition of EU citizens to third countries: joint report by Eurojust and the European Judicial Network

The report finds that the CJEU's case law on the extradition of EU citizens to non-EU states "raises several practical and legal issues" - including with regard to the scope of CJEU case law and consultation between the states making and dealing with the extradition requests.


See: Joint report of Eurojust and the European Judicial Network in Criminal matters on the Extradition of EU citizens to third countries (Council document 13422/1/20 REV 1, pdf):

"In its 2016 Petruhhin judgment, the Court of Justice of the European Union (CJEU) introduced specific obligations for Member States that do not extradite their own nationals and receive an extradition request for the prosecution of an EU citizen who is a national of another Member State and has exercised his right to free movement.

On 4 June 2020, the Council requested that the European Union Agency for Criminal Justice Cooperation (Eurojust) and the European Judicial Network (EJN) analyse how cases of requests for the extradition of EU citizens by third countries are handled in practice, and that they report to the Council by 1 December 2020."

See the case in question: Judgment of the Court (Grand Chamber) of 6 September 2016: Aleksei Petruhhin v Latvijas Republikas Ģenerālprokuratūra (C-182/15, Eur-Lex, link)

 

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