The evolution of European Union criminal law (1957-2012)

final decision on the execution of the EAW. 711 Moreover, the procedure is to be
simplified and operated with great automaticity whilst the request is made through a
form with limited details regarding the offence and facts at stake. 712
Furthermore, the simplification of the former extradition procedure was complemented
by the partial abolition of three fundamental pillars of extradition - the principle of nonextradition
of nationals, the refusal to extradite on human rights grounds and the
principle of dual criminality.
The exception or principle of non-extradition of nationals was a long-standing feature of
European extradition law dating back to the nineteenth century. 713 The principle was
based on an idea of a connection, a special link between the State and its own nationals,
which would grant the latter the right to be protected by its own State in different ways,
including by not being exposed to the violence and extra burden of a foreign criminal
justice system. The reasons for non-extradition of nationals were varied and date back to
the late nineteenth century as well. 714 In Britain, a Commission appointed in 1978 to
analyse the issue of extradition, summarised (and rejected) 715 in four main points the
711 Article 23 (2) ibid..
712 The form ought to include information on the following elements only: identity and
nationality of the requested person, contact details of the issuing judicial authority, evidence of an
enforceable judgment, an arrest warrant or an enforceable judicial decision, the nature and legal
classification of the offence, a description of the circumstances in which the offence was
committed, including the time, place and degree of participation in the offence by the requested
person (the form leaves a 5 line space for this information), the penalty imposed if there is a final
judgement or the prescribed scale of penalties for the offence under the law of the issuing
Member State, if possible other consequences of the offence. Article 8 and Annex to the
Framework Decision, ibid..
713 France was the first European country to sign an extradition Treaty in 1834 specifically
prohibiting the extradition of French nationals. By mid nineteenth century most European civil
law countries had adopted this protection and such feature persisted until very recently (this
included Switzerland, The Netherlands, Italy and a special agreement between Nordic countries).
Common law countries did not make use of the exception of non extradition of nationals. For an
account of the historical evolution of the principle ever since ancient Greece until today see M.
Plachta, “(Non) Extradition of Nationals: A Neverending Story” (1999) 13 Emory International
Law Review 77.
714 Deen-Racsmany and Blextoon note how the abolishment of the nationality exception in
Europe was expected and predicted by many given the similarity of values and the long shared
European history, Z. Deen-Racsmany and R. Blekxtoon, “The Decline of the Nationality
Exception in European Extradition The Impact of the Regulation of (Non)Surrender of
Nationals and Dual Criminality under the European Arrest Warrant” (2005) 13 European Journal
of Crime, Criminal Law and Criminal Justice 317, 320-321.
715 In fact, the principle of non-extradition of nationals is common to civil law countries but not
necessarily to common law ones. The latter tend to prefer territorial jurisdiction and accept the
extradition of their own nationals under due human rights conditions (whilst civil law systems
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