28 March 2012
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Spain/Germany:
Spain annuls German EAW's
The Spanish newspaper El País reported that the
Audiencia Nacional (a Madrid-based court whose competencies include
terrorist offences, serious organised crime affecting more than
one region and 'passive' extradition) is set to annul European
arrest warrants issued by Germany in response to the denial to
hand over a German citizen suspected of terrorist offences to
Spain after the German Constitutional Court ruled on 18 July
2005 that the law transposing the European arrest into national
law was unconstitutional as it encroached upon the defendants'
fundamental rights, most notably because of the absence of a
procedure to appeal the handing over. Germany reportedly processed
subsequent European arrest warrants issued by Spain as ordinary
extraditions, contrary to guarantees that were given to Spanish
judicial authorities.
The Audiencia Nacional is expected to treat the European arrest warrants issued by Germany as international arrest warrants subject to ordinary extradition procedure, as a result of Germany having excluded itself from judicial cooperation based on the European arrest warrant.
1. El País, 21.9.05.
2. German
Constitutional court revokes national regulation implementing
European Arrest Warrant; Statewatch news online, July
2005.
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