Biblioteca PGR


PP937
Analítico de Periódico



MAFFEI, Stefano
The decision on the surrender/extradition of own nationals, EU-citizens and persons residing in the executing State / Stefano Maffei
European Criminal Law Review, v.12 n.1 (2022), p.53-65


COOPERAÇÃO JUDICIÁRIA EM MATÉRIA PENAL, EXTRADIÇÃO, NACIONALIDADE, CIDADANIA EUROPEIA

The present report was drafted for the IV Working Group that was engaged on the very current topic of the decision on the surrender/extradition to third (non-EU) States of own nationals, EU citizens and persons residing in the execution State. This report covers a few preliminary matters to introduce the topic of nationality bars in extradition law and sets out the newly born and rather unique concept of a ‘EU nationality’ bar in case of outward extradition. A number of theoretical and practical considerations are then offered to expose the strengths and weaknesses of the ground-breaking Petruhhin scheme. A number of recent developments in EU law in case of outward extraditions are also briefly reviewed. The discussions and results of the activities of the IV Working group are reported in a separate paper.