Simplified extradition procedure between Member States
At international level, there are a multitude of extradition agreements such as the European Convention on Extradition of the Council of Europe, an international organisation that is separate from the European Union (EU). This EU Convention supplements the Council of Europe Convention and simplifies the extradition procedure between Member States without affecting the application of the most favourable provisions of bilateral or multilateral agreements.
Council Act of 10 March 1995, adopted on the basis of Article K.3 of the Treaty on European Union, drawing up the Convention on simplified extradition procedure between the Member States of the European Union.
By an Act of 10 March 1995, the Council adopted the Convention relating to the simplified extradition procedure between Member States of the European Union (EU). This Convention aims to facilitate the application between the Member States of the European Convention on Extradition of 13 December 1957, by supplementing its provisions. The European Convention on Extradition was devised under the aegis of the Council of Europe, which is not a Community institution but an independent international organisation.
Simplifying the extradition procedure
The Convention obliges Member States to surrender persons sought for the purpose of extradition under simplified procedures provided for by the Convention on two conditions namely that the person in question consents to be extradited and that the requested State gives its agreement. In particular it no longer requires the surrender of the person who is the subject of a request for arrest to be subject to submission of a request for extradition and the other documents required by Article 12 of the European Convention on Extradition.
The following information from the requesting State is regarded as adequate:
- the identity of the person sought;
- the authority requesting the arrest;
- the existence of an arrest warrant or other document having the same legal effect or of an enforceable judgment;
- the nature and legal description of the offence;
- a description of the circumstances in which the offence was committed;
- the consequences of the offence in so far as this is possible.
Notwithstanding this, the requested State retains the right to request further information if the information provided proves insufficient.
Persons arrested in the territory of a Member State
When a person wanted for the purpose of extradition is arrested on the territory of another Member State, the competent authority must inform him of this in accordance with its national law. His consent, and, where appropriate, renunciation of the right to be covered by the speciality rule, are irrevocable. However, the Member States may indicate, in a declaration, that consent and, where appropriate, renunciation may be revoked, in accordance with the rules applicable under national law. Furthermore, each Member State may declare that, where the person in question consents to extradition, the speciality rule laid down in Article 14 of the European Convention on Extradition does not apply.
Article 15 of the European Convention on Extradition relating to re-extradition to a third country, does not apply to the re-extradition to another Member State of the person to whom the speciality rule has not been applied, in accordance with the declaration of the Member State, unless this declaration provides otherwise.
Each Member State must indicate in a statement which authorities are competent to apply the simplified extradition procedure.
The Convention enters into force 90 days after the date of the deposit of the instrument of ratification, acceptance or approval by the last Member State to carry out this formality. Any declaration concerning renunciation of the speciality rule takes effect 30 days after deposit thereof. The Convention is open for the accession of any State that becomes a Member of the European Union. In the case of accession, the Convention enters into force 90 days after the deposit of the State's instrument of accession or the date of entry into force of the Convention if it has not already entered into force at the time of the expiry of the said period of 90 days.
On 18 August 2005, the Convention was ratified by 18 Member States. It was applied early by 12 of them in their mutual relations.
|Act||Entry into force||Deadline for transposition in the Member States||Official Journal|
|Council Act of 10 March 1995||-||-||Official Journal C 78 of 30.03.1995|