Enhancing Mutual Recognition and Prosecution within the EU as an Alternative to Extradition of EU Citizens to Third States

forthcoming

TRIANGLE-EU enhances mutual recognition in the EU in situations where a third State requests a Member State (MS) to extradite a national of another MS. This EU citizen would be protected from extradition in their MS of nationality, and the requested MS would not grant extradition if it concerned an own national. In the Petruhhin ruling in 2016 the CJEU held that a MS will – but will only – have a duty under EU law to refuse the extradition of a national of another MS if the objective of avoiding impunity is possible to attain within the Union, which normally requires using the EAW. However, data by Eurojust and the European Judicial Network shows that only seldom have MSs actually been able to prioritise the EAW over extradition. This outcome is detrimental to free movement and equal treatment. TRIANGLE-EU addresses this problem by analysing the difficulties of prosecuting such cases in the EU. It gathers legal and practical data on all MSs and on a set of third States through national experts, curates and organises this data and conveys it to target groups (judicial authorities, defence lawyers, academic networks) in a systematised and easy-to-interpret way. It provides evidence-based solutions to the identified problems and offers comprehensive, accurate and enduring resources, notably a digital platform with country profiles on extradition of EU citizens to third States, doctrinal and jurisprudential references, and guidelines for defence lawyers on how to proceed in such cases.