Extradition Proceedings – ne bis in idem under EU-Law
Higher Regional Court Frankfurt am Main, 19 May 2020, 2 AuslA 3/20
The extradition of an Italian citizen to the United States of America by German authorities is inadmissible if the Republic of Italy has raised the principle of ne bis in idem under criminal law for its citizen. The principle of ne bis in idem is also applicable in bilateral extradition treaties with third countries if the EU-citizen concerned has already been convicted by a member state (here: Italy) other than the one requested for extradition (here: Germany).