The debate on the extradition of Ukrainian and Russian conscientious objectors has recently entered the public discourse in Germany. The discussion was triggered by the statement of politician David Arakhamia in the Ukrainian parliament that the extradition of persons who had illegally evaded military service was possible. Legally, the extradition of Ukrainian or Russian conscientious [...]
Extradition cases are legal decisions whose legality is judged according to international treaties and national law. This involves two aspects: the sufficiency of the suspicion and the existence of all formal extradition requirements established by the competent courts. What does diplomacy have to do with extraditions? Diplomacy already plays a decisive role in the [...]
For almost 50 years, Roman Polanski has been evading the still-pending sentence he faces for having sex with a minor in the US. In 1977, he was charged and pleaded guilty to having sexual intercourse with a then 13-year-old - he was 43 years old at the time. During the trial, an agreement was [...]
At the beginning of March 2019, in proceedings conducted by our law firm, the Aachen Regional Court quashed an arrest warrant for an EU citizen who has his residence and centre of life in the United Kingdom. In doing so, it challenged a previous order of the Aachen Local Court. Pre-trial detention can [...]
Disputes between Poland and the European Union has been simmering for some time now, and the relationship is getting worse. Currently, the European Court of Justice (ECJ) has to deal with the difficult question of whether a European Arrest Warrant issued by Poland can still claim general validity when the legal foundation in the [...]
Update from 26.11.2021: The European Court of Justice ruled today that Puigdemont´s parliamentary immunity remains lifted. However, this decision only concerns the urgent proceedings against the decision of the EU Parliament that were re-initiated in the context of the recent arrest, not the main proceedings, so it is not a final judgement. The court [...]
A recent decision by the European Court of Justice (Case C-505/19 from 12th May 2021) ruled that a person arrested within the European Union (EU) on the basis of an Interpol Red Notice may not be extradited from the EU if a final court decision has already been issued in an EU Member State [...]
The Interpol and Extradition Law team at Schlun & Elseven Rechtsanwälte was recently involved in a case concerning a client who suspected that he was the subject of an Interpol Red Notice issued by the Kingdom of Saudi Arabia. Our extradition lawyers are regularly involved in such cases. When involved in such cases, our [...]
Art. 20 (1) TFEU (Treaty on the Functioning of European Union) stipulates that all nationals of an EU Member State also possess European Union citizenship. This citizenship of the European Union brings several advantages with it. Among other things, Art. 21 TFEU provides for a right to freedom of movement and residence for EU citizens. This [...]
In a recent case, the extradition team of Schlun & Elseven Rechtsanwälte PartG mbB successfully defended a Russian client in an extradition law case. This case resulted in removing an Interpol Red Notice order issued against our client by the Russian authorities. This case is an example of how our Extradition Law legal team [...]