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11 - Extradition and Surrender

From a Bilateral Political Arrangement to a Triangular Legal Procedure

from Part IV - European Criminal Procedure

Published online by Cambridge University Press:  09 February 2023

Kai Ambos
Affiliation:
Georg-August-Universität, Göttingen, Germany
Peter Rackow
Affiliation:
Georg-August-Universität, Göttingen, Germany
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Summary

This chapter begins by addressing classic extradition, its historical roots and the key moments in its evolution, notably its permeation by fundamental rights after World War II, which has caused it to shift from a bilateral political arrangement to a ‘triangular’ (Eser) legal procedure where the individual concerned plays an active role. It assesses the main grounds for refusal – such as nationality, political offences and dual criminality –, and the variation into which they have developed within the European Union. The chapter then delves into the European Arrest Warrant, where proceedings have been fully judicialised and grounds for refusal considerably narrowed. The authors examine the question of whether (and to which extent) the European Arrest Warrant and the underlying principle of mutual recognition have brought about a radical change of paradigm, especially in the light of the (welcomed) ruling of the Court of Justice of the European Union in Aranyosi and Căldăraru. The conclusion anticipates the challenges that lie ahead and underscores the key role of the Court of Justice for the preservation of the whole European arrest warrant system.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2023

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References

Further Reading

Boister, N., ’Global Simplification of Extradition: Interviews with Selected Extradition Experts in New Zealand, Canada, The US and EU’, (2017) 29 CLF, 327–375.Google Scholar
Brière, C. and Weyembergh, A. (eds.), The Needed Balances in EU Criminal Law: Past, Present and Future, Oxford: Hart, 2018.Google Scholar
Fichera, M., The Implementation of the European Arrest Warrant in the European Union, Cambridge et al.: Intersentia, 2011.Google Scholar
Jansson, J., Terrorism, Criminal Law and Politics: The Decline of the Political Offence Exception to Extradition, London et al.: Routledge, 2019.Google Scholar
Mitsilegas, V., ’The Limits of Mutual Trust in Europe’s Area of Freedom, Security and Justice: From Automatic Inter-State Cooperation to the Slow Emergence of the Individual’, (2012) 31 YEL, 319–372.Google Scholar
Ouwerkerk, J., Quid Pro Quo? A Comparative Law Perspective on the Mutual Recognition of Judicial Decisions in Criminal Matters, Cambridge et al.: Intersentia, 2011.Google Scholar
Pyle, C.H., Extradition, Politics, and Human Rights, Philadelphia: Temple University Press, 2001.Google Scholar
Spencer, J.R., ’Extradition, the European Arrest Warrant and Human Rights’, (2013) 72 CLJ, 250.Google Scholar
Suominen, A., The Principle of Mutual Recognition in Cooperation in Criminal Matters, Cambridge et al.: Intersentia, 2011.Google Scholar
Willems, A., The Principle of Mutual Trust in EU Criminal Law, Oxford: Hart, 2021.Google Scholar
Xanthopoulou, E., Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice: A Role for Proportionality?, Oxford: Hart, 2020.Google Scholar

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