Resumen de Generalstaatsanwaltschaft Berlin: A Further Development of Extradition Rules of Union Citizens to Third Countries
Case C-398/19 Generalstaatsanwaltschaft Berlin (Extradition vers l'Ukraine) introduces relevant developments to the case-law on extradition of Union citizens to third countries. The Court of Justice establishes that the rules defined in its previous case-law apply to a Union citizen who has acquired the nationality of a Member State after having moved to another Member State. However, it denies the existence of two further obligations stemming from EU law: namely the duty to request additional information from the third State to enable the home Member State to decide on the surrender of its national for prosecution purposes and secondly, the host Member State’s duty to refuse extradition and take charge of the prosecution if admissible under its national law. This Insight analyses the reasoning of the Court and the Advocate General, discusses the case in light of the previous jurisprudence, and offers some reflection on the practical issues arising from the implementation of the “Petruhhin doctrine”.
