despite European Arrest Warrant: Successful application for interim relief against the extradition of a German to Belgium based on EAW

The Belgian authorities had requested that our client, a German citizen, be extradited to Belgium to stand trial regarding the prosecution of murder. The Higher Regional Court in Duesseldorf had declared the extradition admissible and the Chief Public Prosecutor had already given his approval when we lodged a constitutional complaint and were successful in effecting an injunction against the execution of the extradition.

The Federal Constitutional Court confirmed that the constitutional complaint was legitimate and issued a preliminary injunction on October 7, 2015.

An important factor to consider when examining the permissibility of an extradition arises from the German Constitution which requires that the court review whether the extradition violates the inalienable constitutional principles and the essential extent of fundamental rights protection of German citizens. In this connection, the German Federal Constitutional Court emphasized in the present case that German citizens are protected from extradition as a fundamental right under Article 16.2 of the Basic Law. Pursuant to the second sentence of this provision, the protection can only be restricted by law in specific cases.

Further information can be found on the database of the German Federal Consitutional Court (bundesverfassungsgericht.de).