Extradition to the United States of a European Union citizen who was arrested in a Member State other than his country of nationality. Judicial cooperation in criminal matters. Differentiated treatment depending on citizenship. Free movement of persons.
Art. 18 TFEU
Art. 21 TFEU
1. When a citizen of the European Union is the subject of a request for extradition to the United States of America and he/she has been arrested, for the purposes of potentially acceding to that request, in a Member State other than the Member State of which he is a national, the situation of that citizen falls within the scope of EU law. In fact, he/she has exercised his/her right to move freely within the European Union and the request for extradition was made under the Agreement on extradition between the European Union and the United States of America of 25 June 2003.
2. In cases as the one above, arts. 18 and 21 TFEU must be interpreted as not precluding the requested Member State from drawing a distinction, on the basis of domestic constitutional law, between its nationals and the nationals of other Member States and from granting that extradition whilst not permitting extradition of its own nationals. This is possible provided that the requested Member State has already put the competent authorities of the Member State of which the citizen is a national in a position to seek the surrender of that citizen pursuant to a European arrest warrant and the latter Member State has not taken any action in that regard.
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