Extradition: EU Countries

(asked on 3rd February 2021) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, on what grounds EU member states are able to refuse an extradition request from the UK; and what provisions are in place to prevent people with UK convictions who have fled the UK to the EU escaping justice.


Answered by
Kit Malthouse Portrait
Kit Malthouse
This question was answered on 8th February 2021

Under the UK-EU Trade and Co-operation Agreement a requested person cannot be surrendered if their fundamental rights are at risk, if extradition would be disproportionate or if they are likely to face long periods of pre-trial detention.   

Some EU Member States operate on the fundamental principle that they cannot extradite their citizens outside of the EU. In this context the provisions of the agreement provide for a path to justice in each case.

For example, where someone has been convicted in the UK, if they are arrested in their state of nationality, the authorities there can decide to enforce the sentence at home.

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