Local law repercussions on EU extradition law

Date01 June 2017
Published date01 June 2017
DOI10.1177/2032284417711572
Subject MatterOpinions
Opinion
Local law repercussions on EU
extradition law: Perspectives
from Continental Europe and
England and Wales
Rebecca Niblock
Kingsley Napley, London, UK
Anna Oehmichen
Rechtsanwa
¨ltin, Knierim & Krug Rechtsanwa
¨lte,
Mainz, Germany / Justus-Liebig-University, Gießen, Germany
Abstract
The present article examines the developments of extradition law in Europe, with a special focus
on case law in England & Wales and Germany. It explores the effects that the case law of the
European Court of Human Rights and the Court of Justice of the European Union has had on
extradition law within Europe, and how the tensions between mutual trust and fundamental rights
protection in this area have been addressed by the two jurisdictions.
Keywords
European Arrest Warrant, extradition, principle of mutual recognition
Introduction
While the introduction of the European Arrest Warrant (EAW) can be considered the ‘kick-off’ for
European judicial cooperation in criminal matters and a ‘model example’ for the principle of
mutual trust and recognition, practice quickly proved that it was too early to be optimistic about
the implementation of the principle: in a diverse Europe with different human rights standards,
criminal procedures and large variations at the level of punishment and sentencing as well, there
Corresponding authors:
Rebecca Niblock, Kingsley Napley, Knights Quarter, 14 St John’s Ln, Clerkenwell, London EC1M 4AJ, UK.
E-mail: rniblock@kingsleynapley.co.uk
Anna Oehmichen, partner at Knierim & Krug Rechtsanwa
¨lte, Wallstr. 1, 55122 Mainz, and lecturer at Justus-Liebig-Uni-
versity, Gießen, Germany.
E-mail: oehmichen@knierim-krug.com
New Journal of European Criminal Law
2017, Vol. 8(2) 116–127
ªThe Author(s) 2017
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DOI: 10.1177/2032284417711572
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