After Pisciotti and Petruhhin (and waiting for CJEU's decision on the question raised by the Wiesbaden Court) it seems that extradition law must face a new challenge.

1. HOW CAN FREE
MOVEMENT RIGHTS
IMPACT EU CITIZEN
EXTRADITION TO A
THIRD COUNTRY?
NICOLA CANESTRINI
LECCO, JUNE 24TH 2019

2. ”nationality bar”
refusal ground of extradition

3. Within the scope of
application of the Treaties (.,),
any discrimination on grounds
of nationality shall be
prohibited
(art. 18 TFEU)
Every citizen of the Union
shall have the right to move
and reside freely within the
territory of the Member
States
(art. 21 TFEU)

4. are restrictions to
extradition for nationals
of a ms discriminatory for
other EU nationals?

5. 1. Is a EU Member State required to
extend a prohibition on the extradition
of its own nationals to every EU citizen?
2. Does a citizen of an EU Member State which
prohibits the extradition of its own nationals
carry nationality bar with him when
exercising his free movement rights in the
EU ?

6. 1. Is a EU Member State required to
extend a prohibition on the extradition
of its own nationals to every EU citizen?

7. C-182/15, Petruhhin,
6 September 2016
Case C-247/17,
Raugevicius,
13 November 2018
C-191/16, Pisciotti,
10 April 2018

8. national rules of a Member State on extradition which give rise
to a difference in treatment depending on whether the
person concerned is a national of that Member State or a
national of another Member State, in so far as they result in
nationals of other Member States who have moved to the
requested Member State not being granted the protection
against extradition enjoyed by nationals of the latter Member
State, are liable to affect the freedom of nationals of other Member States to
move within the European Union (Petruhhin, 32; Pisciotti 44).
Unequal treatment which allows the extradition of a Union
citizen who is a national of a Member State other than the
requested Member State, such as Mr Pisciotti, gives rise to a
restriction of freedom of movement, within the meaning of Article 21 TFEU
(Petruhhin, 33, Pisciotti 45).

9. Restrictions to extradition based on nationality must be based on objective
considerations and must be proportionate to the legitimate objective pursued
(Runevič, 2011, 83; Petruhhin, 34, Pisciotti 46).
The Court has held that the objective of preventing the risk of impunity for persons who have
committed an offence is to be seen in the context of the prevention and combating of crime. That
objective must be considered, in the context of the area of freedom, security
and justice without internal frontiers referred to in Article 3(2) TEU, to be a
legitimate objective of EU law (Petruhhin, 36 and 37; Pisciotti 47).
However, measures which restrict a fundamental freedom, such as that laid down in Article 21 TFEU, may
be justified by objective considerations only if they are necessary for the protection of the interests
which they are intended to secure and only in so far as those objectives cannot be attained by less
restrictive measures (Runevič-Vardyn and Wardyn, 88; Petruhhin, 38, Pisciotti 48).

10. 2. Does a citizen of an EU Member State which
prohibits the extradition of its own nationals
“carry” nationality bar with him when
exercising his free movement rights in the
EU ?