CJEU: Request for a preliminary ruling from Croatia on the interpretation of Article 18 TFEU in extradition orders

Friday, February 14, 2020

The Supreme Court of the Republic of Croatia recently submitted a request for a preliminary ruling to the Court of Justice of the European Union in a case (C-897/19) concerning an order for the applicant’s extradition to Russia.

The individual submitted an appeal against an order for his extradition to Russia on the grounds that there was a concrete, serious, and reasonably foreseeable risk of torture or ill-treatment in the event of return. The Supreme Court expressed doubts as to whether Iceland, which has also granted nationality to the applicant, must also be informed of the extradition so that it may request the surrender of its national. In light of such doubts, the following questions are referred to the CJEU:

  1. Must Article 18 TFEU be interpreted as meaning that a Member State of the European Union which gives a ruling on the extradition to a third State of a national of a State that is not a Member State of the European Union but is a Member State of the Schengen area is required to inform that Member State of the Schengen area which granted nationality to that person of the extradition request?
  2. If the answer to the preceding question is in the affirmative and the Member State of the Schengen area has requested the surrender of that person in order to conduct the proceedings in respect of which extradition is requested, must that person be surrendered to that State, in accordance with the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway?

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is pusexblished but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.




Inhuman or degrading treatment or punishment