Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/22/2022

Subject: According to the Court, a Member State to which a request for extradition has been made by a third State for the purpose of enforcing a custodial sentence imposed on a national of another Member State residing permanently in the first Member State, the national law of which prohibits only the extradition of its own nationals out of the European Union and makes provision for the possibility that that sentence may be enforced in its territory provided that the third State consents to it, is required by the EU Law actively to seek such consent from the third State which made the extradition request, by using all the mechanisms for cooperation and assistance in criminal matters which are available to it in the context of its relations with that third State. If such consent is not obtained, that first Member State is not precluded by the EU Law from extraditing that Union citizen, in accordance with its obligations under an international convention, in so far as that extradition does not infringe the rights guaranteed by the Charter of Fundamental Rights of the European Union

Parties: Generalstaatsanwaltschaft München (Demande d’extradition vers la Bosnie-Herzégovine)

Classification: Freedoms - Art. 19 Extradition

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