Die Auslieferung von Unionsbürgern und EWR-Angehörigen in Drittstaaten

Around ten years ago, the CJEU’s judgment in Petruhhin fundamentally transformed extradition relations between the EU and third countries. Extradition to a third country is to be prevented by giving priority to surrender to the EU Member State of which the Union citizen is a national. Around five years ago, the CJEU extended the same protection to nationals of EEA states, despite the different legal basis. In the absence of secondary EU legislation, numerous legal issues have arisen, causing extradition proceedings to stall in practice. This thesis examines these tensions and develops a practical solution in the form of a proposal to amend the Framework Decision on the European Arrest Warrant.