Convention: Simplified extradition
01 January 1991
Convention: Simplified extradition
actdoc November=1995
Comment:
This Convention was signed by the EU Council of Justice and Home
Affairs Ministers in Brussels on 10 March 1995. It has to be
ratified by each national parliament. One novel feature of this
Convention is that it can come into operation BEFORE all 15
parliaments have ratified it between any two or more Member
States (see Article 16.3).
FULL TEXT:
Convention
drawn up on the basis of Article K.3 of the
Treaty on European Union,
on Simplified Extradition Procedure
between the Member States of the European
Union
Brussels, 10 March 1995
CONVENTION
DRAWN UP ON THE BASIS OF ARTICLE K.3 OF THE TREATY ON
EUROPEAN UNION ON SIMPLIFIED EXTRADITION PROCEDURE
BETWEEN THE MEMBER STATES OF THE EUROPEAN UNION
The High Contracting Parties to this Convention, Member
States of the European Union,
Referring to the Council Act of 10 March 1995,
Desiring to improve judicial co-operation between the Member
States in criminal matters, with regard both to proceedings and
the execution of sentences,
Recognizing the importance of extradition in judicial co-
operation in order to achieve these objectives,
Convinced of the need to simplify extradition procedures to
the extent that this is compatible with their fundamental legal
principles, including the principles of the European Convention
for the Protection of Human Rights and Fundamental Freedoms,'
Noting that, in a large number of extradition proceedings,
the person claimed consents to his surrender,
Noting that it is desirable to reduce to a minimum, in such
cases, the time necessary for the extradition and any period of
detention for extradition purposes,
Considering that, as a result, application of the European
Convention on Extradition of 13 December 1957 3 should be made
easier by simplifying and improving extradition procedures,
Considering that the provisions of the European Convention
on Extradition remain applicable for all matters not covered by
this Convention,
Have agreed on the following provisions:
ARTICLE 1
General provisions
1. The aim of this Convention is to facilitate the application,
between the Member States of the European Union, of the European
Convention on Extradition, by supplementing its provisions.
2. Paragraph 1 shall not affect the application of more
favourable provisions in the bilateral and multilateral
agreements in force between Member States.
ARTICLE 2
Obligation to surrender persons
Member States undertake to surrender to each other under
simplified procedures as provided for by this Convention persons
sought for the purpose of extradition, subject to consent of such
persons and the agreement of the requested State given in
accordance with this Convention.
ARTICLE 3
Conditions for surrender
1. Pursuant to Article 2, any person who is the subject of a
request for provisional arrest in accordance with Article 16 of
the European Convention on Extradition shall be surrendered in
accordance with Articles 4 to 11 and Article 12(1) of the present
Convention.
2. The surrender referred to in paragraph 1 shall not be
subject to submission of a request for extradition or the
documents required by Article 12 of the European Convention on
Extradition.
ARTICLE 4
Information to be provided
1. The following information from the requesting State shall
be regarded as adequate for the information of the arrested
person for the purpose of applying Articles 6 and 7 and for the
competent authority referred to in Article 5(2):
(a) the identity of the person sought;
(b) the authority requesting the arrest;
(c) the existence of an arrest warrant or other document having
the same legal effect or of an enforceable judgment;
(d) the nature and legal description of the of