2. Guidelines applicable in cases when States apply the nationality exception 2.1. Extradition requests for prosecution purposes 2.1.1. Scope of the Petruhhin mechanism a. Material scope: when does the Petruhhin mechanism apply? The Petruhhin (notification) mechanism must be triggered in cases where:
- an extradition request is issued for prosecution purposes
and
- the requested State applies the nationality exceptionto own its nationals only,
leading to potential discriminations between its own nationals and nationals of
other States who have exercised their right to free movement (c.f. Annex 2 - an overview of national systems ).
The Petruhhin mechanism applies to all extradition requests, either on the basis of:
o the Agreement on extradition between the European Union and the United
States of America
36
;
o the Trade and Cooperation Agreement between the European Union and
the European Atomic Energy Community, of the one part, and the UK, of
the other part (TCA)
37
, which includes provisions reflecting the Petruhhin mechanism
38
;
o multilateral agreements concluded by States;
o bilateral agreements concluded by States; or
o national law.
36
OJ L 181, 19.7.2003, p. 27.
37
OJ L 149, 30.4.2021, p. 10.
38
Article 614(1) and (3) of the TCA provides: 1. If two or more States have issued a European arrest warrant or an arrest warrant for the same person, the decision as to which of those arrest warrants is to be executed shall be taken by the executing judicial authority, with due consideration of all the circumstances, especially the relative seriousness of the offences and place of the offences, the respective dates of the arrest warrants or European arrest warrants and whether they have been issued for the purposes of prosecution or for the execution of a custodial sentence or detention order, and of legal obligations of Member States deriving from
