From a political to a judicial approach to extradition: A case for the consolidation of the requesting State’s rights in domestic extradition procedures
| Author | Sophie Menegon,Juliette Fauvarque,William Julié |
| Published date | 01 September 2021 |
| Date | 01 September 2021 |
| DOI | http://doi.org/10.1177/20322844211026378 |
| Subject Matter | Analysis/Opinion |
Analysis/Opinion
New Journal of European Criminal Law
2021, Vol. 12(3) 464–475
© The Author(s) 2021
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/20322844211026378
journals.sagepub.com/home/nje
From a political to a judicial
approach to extradition: A case
for the consolidation of the
requesting State’s rights in
domestic extradition
procedures
William Juli´
e, Sophie Menegon, and Juliette
Fauvarque
Paris Bar, France
Abstract
This article purports to analyze the role conferred to the requesting State in domestic extradition
procedures. Despite the existence of a judicial control over extradition, the majority of States
included in this study continue to view extradition as a political prerogative of the executive and
leave the requesting State with little or no means to defend its request. This article argues in favor of
the consolidation of the role of judicial authorities in the determination of extradition requests,
along with a reinforcement of the requesting State’s ability to participate in this process.
Keywords
Extradition, international criminal law, European criminal law, judicial cooperation, judicial
cooperation in criminal matters, extradition and human rights, comparative extradition law,
extradition procedure, requesting State, international extradition
Corresponding author:
William Juli´
e, International Bar Association, London, UK.
Email: wj@wjavocats.com
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