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Extradition Proceedings 


Extradition is the official process by which one nation or state requests and obtains from ...

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Extradition 

Procedura de extradare


Cererile de extradare sosite datorita intentarii unui proces Autor: Avocat Doctor in Drept ...

Extradare 

Ekstradycja


Postepowanie ekstradycyjne (tymczasowe wydanie) jest postepowaniem ...

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Ekstradycja 

экстрадиция 


Процедура выдачи (экстрадиция) — это формальное делопроизводство, согласно ...  

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экстрадиция 

 

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European Arrest Warrant - Federal Constitutional Court upholds our Request

January 31, 2016 - Dusseldorf - lawyer specializing in criminal law, Dr. Martin Rademacher, comments on a successful constitutional complaint - the Federal Constitutional Court on the extradition of a German citizen to Belgium under a European arrest warrant

We got the expected result after the Federal Constitutional Court had upheld our urgent appeal on 7 October 2015 (2 BvR 1860/15), and therefore stopped the imminent extradition of a German citizen to Belgium under a European Arrest Warrant. Now we have also received the decision on our constitutional complaint. By order of 15 January 2016 (2 BvR 1860/15 www.bundesverfassungsgericht.de) the Federal Constitutional Court finally repealed the extradition decision of the Court of Appeal (OLG) in Düsseldorf concerning the European Arrest Warrant (III-3 AR 153/15) as it violated the complainant's fundamental right under Article 16 II of the Basic Law by declaring the complainant's extradition admissible. 

Our constitutional complaint concerned the extradition of a German citizen to Belgium under a European Arrest Warrant, however the decision of the Federal Constitutional Court can also be applied to extradition requests from other EU Member States. 

Belgium had requested a European Arrest Warrant to extradite for the purpose of prosecution. The accused had been wanted for incitement to murder under a European Arrest Warrant since January 2015. In July 2015 he was arrested in Germany and here the extradition warrant was based on the high expectation of a prosecution in Belgium.
The Prosecutor General's Office in Düsseldorf argued forcibly for extradition right to the end, on the single condition that in the event of a custodial sentence, the accused would be transferred back to serve the sentence in the Federal Republic of Germany; this would also satisfy the fundamental right of the accused under Art. 16 II of the Basic Law. As a result, in its first decision the Court of Appeal in Dusseldorf declared the extradition to be admissible. 

The accused was already under way to Belgium when the Federal Constitutional Court temporarily halted his extradition to Belgium by order of 7 October 2015.The Federal Constitutional Court also involved the Ministry of Justice of North Rhine-Westphalia in the case. The final decision on our constitutional complaint is now available. By order of 15 January 2016 (2 BvR 1860/15 www.bundesverfassungsgericht.del) the Second Senate of the Federal Constitutional Court conclusively repealed the extradition decision and found that the constitutional complaint was a clear violation of Art. 16 II of the Basic Law. Fundamentally, no German citizen may be extradited to a foreign country (Art. 16 II sentence 1 Basic Law). It was only an amendment to the Constitution which allowed for a law on the European arrest warrant and therefore under exceptional circumstances for extradition to a Member State of the European Union (Art. 16 II sentence 2 of the Basic Law), "in so far as the rule of law is respected". 

Meanwhile, the interim order of the Federal Constitutional Court handed down in October 2015 had also prompted the Court of Appeal in Düsseldorf to revise its first extradition decision in this matter.

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Rechtsanwälte Dr. Martin Rademacher & Partner - 40212 Düsseldorf - Tel  +49 211 17 18 380