EU Law and Extradition Agreements of Member States: The Petruhhin Case

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2017 2(1), 435-447 | European Forum Insight of 21 March 2017 | (Table of Contents) I. Introduction and factual background. - II. The scope of application of EU law. - II.1. Freedom of movement and the applicability of EU law. - II.2. The protection against extradition under the Charter of fundamental rights. - III. The clash between the nationality exception and the principle of non-discrimination. - IV. Conclusions. | (Abstract) The Insight analyses the recent judgment of the Court of Justice in the Aleksei Petruhhin v. Latvijas Republikas Ģenerālprokuratūra case (judgment of 6 December 2016, case C-182/15). The preliminary ruling deals with the relationship between EU law and Member States' extradition agreements with third countries. The decision focuses on the compatibility of the nationality exception provided by an extradition agreement between Latvia and Russia with the prohibition of discrimination on grounds of nationality and with the freedom of movement of EU citizens. While the nationality exception can be considered as pursuing a legitimate objective under EU law, namely to prevent the risk of impunity, the Court of Justice identifies the existence of less restrictive measures within the internal criminal cooperation system. Member States are thus required to extend the protection of nationals to EU citizens that have exercised their freedom of movement and, according to the principle aut dedere aut judicare, to refuse the extradition and to surrender the requested person to the Member State having jurisdiction to prosecute the offender.

Keywords

• extradition agreements
• nationality exception
• discrimination on grounds of nationality
• european arrest warrant
• aut dedere aut judicare
• risk of torture or inhuman and degrading treatment