Generalstaatsanwaltschaft Berlin: A Further Development of Extradition Rules of Union Citizens to Third Countries

European Papers

Silvia Giudici¹ 

[1] University of Turin;

关键词: eu citizenship;    extradition;    petruhhin doctrine;    european arrest warrant;    freedom of movement;    discrimination;   

DOI  :  10.15166/2499-8249/470

来源: DOAJ

【 摘 要 】

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 211-218 | European Forum Insight of 11 June 2021 | (Table of Contents) I. Introduction and facts of the case. - II. Fine-tuning settled case-law: the Court's judgment. - II.1. The scope of Union citizenship in extradition cases. - II.2. The limits of Member States duty to request additional information from the third State. - II.3. Member States obligation to refuse extradition and conduct criminal prosecution. - III. Conclusive remarks. | (Abstract) Case C-398/19 Generalstaatsanwaltschaft Berlin (Extradition vers l'Ukraine) introduces relevant developments to the case-law on extradition of Union citizens to third countries. The Court of Justice establishes that the rules defined in its previous case-law apply to a Union citizen who has acquired the nationality of a Member State after having moved to another Member State. However, it denies the existence of two further obligations stemming from EU law: namely the duty to request additional information from the third State to enable the home Member State to decide on the surrender of its national for prosecution purposes and secondly, the host Member State's duty to refuse extradition and take charge of the prosecution if admissible under its national law. This Insight analyses the reasoning of the Court and the Advocate General, discusses the case in light of the previous jurisprudence, and offers some reflection on the practical issues arising from the implementation of the "Petruhhin doctrine".

【 授权许可】

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