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ANNEX 2 - An overview of nationality exceptions (information as provided by States)
AT:
Federal Law of December 4, 1979 on Extradition and Mutual Assistance in Criminal
Matters (Extradition and Mutual Assistance Law (ARHG)), Section 12.
BE:
Law of 15 March 1874 on extraditions, Articles 1 and 2.
BG:
Constitution, Article 25(4).
CY: Constitution, Article 11 (f) (extradition of a national is only permitted in accordance
with an international treaty binding upon the Republic, on condition that such treaty is
respectively applied by the counterparty and in relation
to acts that have occurred
after the entry into force of the 5
th
amendment of the Constitution in 2006).
CZ:
Charter of Fundamental Rights and Freedoms as a part of the constitutional order of
the Czech Republic, Article 14(4). Extradition of a Czech national
to a third country is
possible if the national consents to his/her extradition to that state (Section 91(1)(a) of
the Act on International Judicial Cooperation in Criminal Matters).
DE:
Basic Law for the Federal Republic of Germany, Article 16(2).
EE:
Constitution, Article 36 (unless extradition is admitted on the basis of an international
treaty).
EL:
Procedural
Penal Code, Article 438.
ES:
Law on Passive Extradition, 1985, Article 3 (unless
provided for in a treaty, in
accordance with the principle of reciprocity).
FI:
Constitution, Section 9(3) (it may be laid down by an Act that due to a criminal act,
for the purpose of legal proceedings, a Finnish citizen can be extradited to a country
in which his or her human rights and legal protection are guaranteed). Extradition Act
(456/1970) Section 2 (regarding cooperation with other
countries than EU Member
States; A Finnish national may not be extradited. Same applies to the United
Kingdom).
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