Lawyers specialized in extradition
Extradition process with the United Kingdom
Another consequence of Brexit in terms of justice occurs in the processing of the European arrest warrant (EAW), a cooperation system that has ceased to be operational with the United Kingdom since its departure from the European Union. Let us remember that the processing of the EAW between the judicial authorities of the 27 countries of the European Union, facilitates the Surrender of people requested for serious crimes, eliminating the bureaucratic and political obstacles of the traditional extradition procedure.
The strength of the EAW is the principle of mutual recognition, based on mutual trust between member states, which has generated an abrupt change in the way how European courts manage their requests for the surrender of citizens to the United Kingdom, forcing now to the National Courts to take into account the harsh realities of its prison system, which appears to have fallen behind the EU Member States.
An inspection carried out in May 2024 by the prison inspection service on UK, established that one of the most representative prisons as Wandsworth, is in deep and shocking chaos. The crisis of the prison population and its terrible conditions are the result of a permitted and continuous decline, which today has 1,521 inmates, while the operational capacity of this prison is 979.
Therefore, the word of the judicial operators of the United Kingdom is no longer enough to ensure that the people who are extradited will be treated fairly and under the legal precepts regarding fundamental rights.
Court of Justice of the European Union and the extradition
The Court of Justice of the European Union (CJEU) noted some time ago that Framework Decision 2002/584/JHA, which regulates the European arrest warrant (EAW), cannot automatically apply to orders issued by the United Kingdom after Brexit, and recently emphasized that these orders must be assessed through the prism of respect for fundamental rights and judicial guarantees, which includes the need to ensure that there are no risks of serious human rights violations, in the context of UK criminal proceedings.
The judge of the Criminal courtroom of the National Court in Spain, Joaquín Delgado, pointed out at the 19th Congress of the Lawyers of Malaga, carried out this month of October, that: "the new cooperation framework between the United Kingdom and The European Union has introduced greater obstacles and complications in the extradition processes. A slower and more bureaucratic extradition procedure is now applied, which generates a significant extension of deadlines."
This is that the CJEU has recently clarified about extraditions process to the United Kingdom after Brexit, require an individual examination of Fundamental Rights in each case.
If you are facing an extradition process to United kingdom, contact us, we are undoubtedly the best criminal extradition lawyers in Marbella and the Costa del Sol.
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EU Court of Justice clarifies conditions for executing British arrest warrants post-Brexit.
HMP Urgent Notification about Wandsworth prison inspection in the United Kingdom.
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