A request for extradition always means a great emotional burden and a legal challenge for the persons concerned, which they should not face without experienced legal support.
Schlun & Elseven is your reliable, globally active partner in protecting you from extradition. We not only advise and represent clients who are to be extradited from or to Germany. We also defend clients against Interpol Red Notices between all countries. If extradition proceedings are already pending against you or if you anticipate such a measure in the future, contact us immediately so that we can take appropriate countermeasures.
Since there is no extradition agreement between Germany and Kosovo, extraditions are carried out according to the respective general laws. In Germany, the extradition requirements are regulated in the IRG, the Law on International Mutual Legal Assistance in Criminal Matters. In 2020, decisions were made on twelve extradition requests from Kosovo to Germany. Two of these requests were rejected, two were granted, and one was terminated out of court.
Extradition of German Citizens to Kosovo
According to Article 16 (2) GG, Germans are not extradited to third countries but only to other EU states or international courts. Accordingly, the extradition of German citizens to Kosovo does not take place.
Extradition of non-German EU Citizens to Kosovo
The extradition of EU citizens to third countries, such as Kosovo, is possible in principle and, according to the ECJ, does not violate the general prohibition of discrimination or the free movement of persons in the EU, Article 18 and 21 TFEU. In the Petruhhin and Pisciotti cases, the ECJ ruled that the Member State to which the person concerned belongs has the primary right to transfer and must therefore be informed.