Generalstaatsanwaltschaft Berlin (Extradition vers l'Ukraine) (Citizenship of the European Union - Extradition of a Union citizen to a third State - Judgment) [2020] EUECJ C-398/19 (17 December 2020)

Generalstaatsanwaltschaft Berlin (Extradition vers l'Ukraine) (Citizenship of the European Union - Extradition of a Union citizen to a third State - Judgment) [2020] EUECJ C-398/19 (17 December 2020)

Articles 18 and 21 TFEU apply to Union citizens residing in another Member State even if citizenship was acquired after moving. Member States are not required to request criminal files from third States or to refuse extradition and prosecute themselves if national law allows. The obligation is to inform the Member State of nationality and allow a reasonable time for a European arrest warrant to be issued; otherwise, extradition may proceed.

Citation
[2020] EUECJ C-398/19
Parties
Requested Person / Applicant: BY; Requested Member State / Respondent: Federal Republic of Germany; Requesting Third State: Ukraine; Member State of Nationality: Romania
Jurisdiction
European Union
Judgment Date
17 December 2020
Procedural Posture
Preliminary Ruling (cjeu) / Final Judgment
Outcome
Preliminary questions answered; national court to apply interpretation.
Legal Topics
Extradition of Union Citizens, Non Discrimination on Grounds of Nationality, Freedom of Movement and Residence, Mutual Recognition of Judicial Decisions, Subsidiary Criminal Jurisdiction
EU Law Criminal Law Extradition Extradition of Union Citizens Non Discrimination on Grounds of Nationality Freedom of Movement and Residence Mutual Recognition of Judicial Decisions Subsidiary Criminal Jurisdiction

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Parties

BY

Requested Person / Applicant

Federal Republic of Germany

Requested Member State / Respondent

Ukraine

Requesting Third State

Romania

Member State of Nationality

Procedural Posture

Preliminary Ruling (cjeu) / Final Judgment

Legal Issues

  1. 1 Applicability of Articles 18 and 21 TFEU to extradition of Union citizens who acquired citizenship after moving to another Member State
  2. 2 Obligations of Member States regarding exchange of information and criminal files in extradition requests from third States
  3. 3 Whether Member States must refuse extradition and prosecute themselves if national law allows

Ratio Decidendi

Articles 18 and 21 TFEU apply to Union citizens residing in another Member State even if citizenship was acquired after moving. Member States are not required to request criminal files from third States or to refuse extradition and prosecute themselves if national law allows. The obligation is to inform the Member State of nationality and allow a reasonable time for a European arrest warrant to be issued; otherwise, extradition may proceed.

Court Disposition

Preliminary questions answered; national court to apply interpretation.

Orders

  • Articles 18 and 21 TFEU apply to Union citizens in the circumstances described, regardless of when citizenship was acquired.
  • Neither the requested Member State nor the Member State of nationality is obliged to request the criminal investigation file from the third State.