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CJEU Case C-897/19 PPU / Opinion

Ruska Federacija v I.N

Policy area:
Asylum and migration
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
27/02/2020

Key facts of the case:

Reference for a preliminary ruling — Urgent preliminary ruling procedure — EEA Agreement — Non-discrimination — Article 36 — Freedom to provide services — Scope — Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis — Agreement on the surrender procedure between the Member States of the European Union and Iceland and Norway — Extradition to a third State of an Icelandic national — Protection of a Member State’s nationals against extradition — No equivalent protection for nationals of another State — Icelandic national who was granted asylum under national law before acquiring Icelandic citizenship — Restriction of freedom of movement — Justification based on the prevention of impunity — Proportionality — Verification of the guarantees provided for in Article 19(2) of the Charter of Fundamental Rights of the European Union.

Outcome of the case:

I therefore propose that the questions referred by the Supreme Court of Croatia should be answered as follows:

  1. In the circumstances of the main proceedings, Articles 4 and 36 EEA are to be interpreted as meaning that a Member State of the European Union which gives a ruling on the extradition to a third state of a national of a State that is not a Member State of the European Union, but who is a national of a Schengen Associated State, is required to inform that Schengen Associated State of the extradition request. The Member State is additionally bound to forward to the Schengen Associated State any material in its possession that might assist the Schengen Associated State in deciding whether to prosecute the national concerned and seek their return. Further, due to the obligation of mutual trust inherent in the Common European Asylum System, including Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third country national or a stateless person, the authorities of the Member State, including its courts, are precluded from otherwise acting inconsistently with a grant of asylum preceding acquisition of the nationality of that Schengen Associated State. This applies when assessing risk of exposure of the national of the Schengen Associated State to inhuman and degrading treatment and flagrant denial of justice, as at the date of the Member State proceedings, if extradited to a third state.
  2. In circumstances in which the Schengen Associated State is yet to issue an extradition request, the Member State is not bound to actively surrender the national of the Schengen Associated State under the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway. If an extradition request is made, it will be for the courts of the Member State to determine whether, in all the circumstances, the extradition request offers guarantees against impunity equivalent to extradition to the third state, while remaining bound to act consistently with the prior grant of asylum of the Schengen Associated State.’