Competition for requests: European arrest warrant and extradition

European arrest warrant and an extradition request submitted by a third state

Abstract

Following the adoption of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, the simplification of formalities regarding the surrender of wanted persons has had a clear impact on judicial practice. Nevertheless, in situations where a third state submits an extradition request simultaneously with the issuance of a European arrest warrant by a Member State concerning the same person, the issue of prioritizing procedures arises. This study aims to analyze the conditions taken into account when adopting a decision that gives effect either to a particular European arrest warrant or to an extradition request. Equally, the research highlights the nature of the authority competent to resolve such a conflict, as well as the necessity of ensuring a right of appeal against the solution that grants priority to one of the procedures. With references to domestic case law and the practice of the Court of Justice of the European Union, the study provides a transnational dimension to the issues addressed, seeking to emphasize the importance of respecting fundamental rights and essential legal principles established at the European level in resolving competing requests.