Article 19 - Protection in the event of removal, expulsion or extradition
Key facts of the case:
Reference for a preliminary ruling – Citizenship of the European Union – Articles 18 and 21 TFEU – Extradition of a Union citizen to a third State – Person acquiring Union citizenship after transferring the centre of his or her interests to the Member State from which extradition is requested – Scope of EU law – Prohibition on extradition applied solely to own nationals – Restriction on freedom of movement – Justification based on the prevention of impunity – Proportionality – Information to the Member State of which the requested person is a national – Obligation on the Member State from which extradition is requested and the Member State of origin to ask the third State requesting extradition to send the criminal investigation file – No obligation.
Outcome of the case:
On those grounds, the Court (Grand Chamber) hereby rules:
45) On the other hand, where a European arrest warrant is not issued by the Member State of which the requested person is a national, the requested Member State may carry out his or her extradition, provided that it has verified, as required by the Court’s case-law, that that extradition will not prejudice the rights referred to in Article 19 of the Charter of Fundamental Rights of the European Union (see, to that effect, judgment of 6 September 2016, Petruhhin, C‑182/15, EU:C:2016:630, paragraph 60).