Chapter 8: Extradition and Abduction
201
on the European arrest warrant and the surrender procedures between the Member
States.
123
The Bill which was introduced in the House of Commons in November 2002
gives effect to proposals set out in a UK Government consultation document entitled
The Law on Extradition; A Review
which was published in March 2001. This consultation
exercise, which began in 1997, set out to consider the implications of the new EU
Conventions on extradition and to review the operation of extradition law in the UK
generally. The Bill makes provision for a range of new extradition procedures, the
adoption of the Framework Decision on the European arrest warrant, the retention
with some modification to current arrangements for extradition to non-EU States, the
abolition of the
prima facie
requirement in some cases and a simplified appeal process.
Thus the Bill places States in two categories. States in the first category are EU States,
including candidate countries due to join the EU in 2004.All other States having existing
extradition arrangements with the UK are placed in the second category. Part 1 of the
Bill deals with extradition arrangements from the UK to States in the first category
and its provisions will implement the Framework Decision on the European arrest
warrant. The bars to extradition under this part of the Bill include the rule against
double jeopardy, the person’s age, the death penalty, specialty and the person’s earlier
extradition to the UK from either another first category State or a non-first category
State. There is provision under this part of the Bill for the judge to decide whether the
person’s extradition is compatible with the rights set out in the European Convention
on Human Rights. The Bill imposes strict time limits for hearings. Without doubt the
most contentious part of the Bill is the implementation of the European arrest warrant.
However, the creation of a two-tiered system for extradition has also been subject to
some criticism. This instrument has been described as ‘a lengthy, cumbersome, ill-
considered and badly drafted piece of legislation which will sacrifice a number of
human rights without providing any substantial benefits in return’.
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8.4
EXTRADITION AND EC LAW
In
R v Secretary of State for the Home Department ex p Launder,
125
the applicant argued
that an order for his extradition from the UK would be an infringement of his right
to free movement as guaranteed by the EC Treaty. The court considered that
extradition was outside the scope of Community law. EC law takes precedence over
national law and the European Court of Justice (ECJ) has wide powers to ensure
that national implementing measures conform strictly with the requirements of EC
Directives and decisions. EC law is directly applicable in the national courts of the
Member States. In
Amministrazione delle Finanze v Simmenthal,
126
the ECJ held that
‘every national court must, in a case within its jurisdiction, apply Community law
in its entirety and protect rights which the latter confers on individuals’. Whilst there
are no specific provisions on human rights in the Treaty of Rome, the instrument
that created the European Economic Community, the ECJ has consistently
123 COM (2001) 0522.
124
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