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Freedom of movement within the EU and extradition.

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After Pisciotti and Petruhhin (and waiting for CJEU's decision on the question raised by the Wiesbaden Court) it seems that extradition law must face a new challenge.

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Freedom of movement within the EU and extradition.

  1. 1. HOW CAN FREE MOVEMENT RIGHTS IMPACT EU CITIZEN EXTRADITION TO A THIRD COUNTRY? NICOLA CANESTRINI LECCO, JUNE 24TH 2019
  2. 2. ”nationality bar” refusal ground of extradition
  3. 3. Within the scope of application of the Treaties (.,), any discrimination on grounds of nationality shall be prohibited (art. 18 TFEU) Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States (art. 21 TFEU)
  4. 4. are restrictions to extradition for nationals of a ms discriminatory for other EU nationals?
  5. 5. 1. Is a EU Member State required to extend a prohibition on the extradition of its own nationals to every EU citizen? 2. Does a citizen of an EU Member State which prohibits the extradition of its own nationals carry nationality bar with him when exercising his free movement rights in the EU ?
  6. 6. 1. Is a EU Member State required to extend a prohibition on the extradition of its own nationals to every EU citizen?
  7. 7. C-182/15, Petruhhin, 6 September 2016 Case C-247/17, Raugevicius, 13 November 2018 C-191/16, Pisciotti, 10 April 2018
  8. 8. national rules of a Member State on extradition which give rise to a difference in treatment depending on whether the person concerned is a national of that Member State or a national of another Member State, in so far as they result in nationals of other Member States who have moved to the requested Member State not being granted the protection against extradition enjoyed by nationals of the latter Member State, are liable to affect the freedom of nationals of other Member States to move within the European Union (Petruhhin, 32; Pisciotti 44). Unequal treatment which allows the extradition of a Union citizen who is a national of a Member State other than the requested Member State, such as Mr Pisciotti, gives rise to a restriction of freedom of movement, within the meaning of Article 21 TFEU (Petruhhin, 33, Pisciotti 45).
  9. 9. Restrictions to extradition based on nationality must be based on objective considerations and must be proportionate to the legitimate objective pursued (Runevič, 2011, 83; Petruhhin, 34, Pisciotti 46). The Court has held that the objective of preventing the risk of impunity for persons who have committed an offence is to be seen in the context of the prevention and combating of crime. That objective must be considered, in the context of the area of freedom, security and justice without internal frontiers referred to in Article 3(2) TEU, to be a legitimate objective of EU law (Petruhhin, 36 and 37; Pisciotti 47). However, measures which restrict a fundamental freedom, such as that laid down in Article 21 TFEU, may be justified by objective considerations only if they are necessary for the protection of the interests which they are intended to secure and only in so far as those objectives cannot be attained by less restrictive measures (Runevič-Vardyn and Wardyn, 88; Petruhhin, 38, Pisciotti 48).
  10. 10. 2. Does a citizen of an EU Member State which prohibits the extradition of its own nationals “carry” nationality bar with him when exercising his free movement rights in the EU ?

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