National Court asks CJEU how to extradite British people after Brexit

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While we all seem to be getting used to the new reality of Brexit as the months go by, there are still aspects that need to be outlined. The National Supreme Court suspends the processing of the case Extradition of a British national wanted by United States of America to ask Court of Justice of the European Union Here are the guidelines you need to follow to do this after Brexit.

Second Criminal Division asks how the new situation affects citizens’ cases members of the British European union when they have committed the alleged criminal acts claimed by another country and also by persons residing in Spain before their country left the European Union in the case in question.

Extradition, which is doubtful, is the extradition of Joseph James O’Connor, who was arrested in Estepona in July 2021, pursuant to an international arrest warrant issued by the United States for 10 terrorism-related crimes. unauthorized computer access and cyberbullying It’s what the American authorities demanded to be delivered.

The Order of the Chamber, a report by Fernando Andreu, explains that the detainee has been living with his mother in Spain since the Withdrawal Agreement signed by the United Kingdom and the European Union entered into force. being a full community citizen, free movement rights, having committed the alleged criminal act as a full community citizen”.

different criteria

His defense asked the court Applying the European doctrine of Petruchin, for this a third country requests an EU citizen, in this case the USA, you have to ask your country (UK) if you want to try the same facts. He argues that since there is a cooperation agreement between the UK and the EU, signed in the trade and cooperation agreement, with a mechanism similar to the Euroorder figure, it continues to be implemented after Brexit. The prosecution opposes the application of this doctrine based on the understanding that extradition agreements between Spain and the United States and between the United States and the European Union are preferential.

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