Diritto amministrativo europeo

ECJ: Extradition to non-EU countries

Extradition to non-EU countries – further developments in EU case law

by Professor Steve Peers, University of Essex

Today’s ECJ judgment in Pisciotti on the extradition of citizens of a different Member State to a non-EU country (in this case, the USA) adds to its case law in this area – and has some interesting implications for Brexit. The new ruling builds on the September 2016 Petruhhin judgment on extradition of the citizens of another Member State to Russia, which I discussed in detail here.

The case concerns an Italian citizen extradited to the USA after being arrested while in transit in Germany. Having pled guilty and served his sentence in the USA, he returned and sued for damages, arguing that Germany should have treated him the same as German citizens, who cannot be extradited outside of the EU.

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