Extradition: EU Law

(asked on 22nd July 2014) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, what assessment she has made of the possibility of the UK concluding a bilateral treaty with the EU on extradition instead of remaining bound by Framework Decision 2002/584/JHA.


Answered by
James Brokenshire Portrait
James Brokenshire
This question was answered on 9th September 2014

A full impact assessment has been conducted on Framework Decision 2002/584/JHA. Details of this assessment can be found in Command Paper 8897

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/326698/41670_Cm_8897_Accessible.pdf , published on 3 July 2014.

The Commission has been clear during negotiations that a bilateral treaty between the UK and the EU on any matters falling within the scope of the block opt-out is not feasible. Furthermore, on 16 January 2013, President Barroso responded to a European Parliamentary Question from Daniel Hannan MEP on this matter and stated that ‘the Commission sees no room for the conclusion of international agreements between the EU and the United Kingdom on such matters.

The Government has not undertaken an assessment of the number of extraditions of British nationals from the UK under the European arrest warrant that would not have proceeded had the proportionality test been in place at the relevant time. The proportionality bar is intended to ensure extradition is barred in the most minor cases, irrespective of the nationality of the person concerned.

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