The Telegraph
EU countries tell Britain that they can not guarantee the extradition of criminals in the aftermath of Brexit
Twenty European Union states refuse to guarantee that suspected criminals who are citizens of their country can be extradited to the United Kingdom. Ten EU countries have refused the vacancy to allow such extraditions, two will only do so if the alleged criminal agrees, and have eight other restrictions. The development has emerged in recent released documents from Brussels and reflects the fact that Brexit means that the United Kingdom is no longer part of the European arrest warrant. The current setup undermines the possibility that Europeans suspected of committing crimes in the UK will be entitled again after fleeing to the mainland. Advocates have warned that it could also keep artificial prison populations high, as judges are reluctant to grant bail for fear that European suspects will leave the country and not return. The position of each of the 27 EU member states with regard to extradition and the United Kingdom was tainted in an EU notification letter issued on 6 April. Under the European arrest warrant, suspected criminals can easily be extradited within the block. But with Britain now outside the EU, individual member states can determine their position. Ten EU states have said they will not hand over citizens suspected of crimes to the UK: Germany, Greece, France, Croatia, Latvia, Poland, Slovenia, Slovakia, Finland, Sweden. A further two, the Czech Republic and Austria, will only do so if the suspect agrees. Another eight countries impose restrictions, such as jail time served in home countries. Only the remaining seven EU member states broadly agree with the UK: Belgium, Ireland, Spain, Italy, Bulgaria, Cyprus and Malta. This means that there is an imbalance given the UK’s willingness to extradite Britons suspected of committing crimes in EU countries. Edward Grange, a partner at Corker Binning’s lawyers, said: ‘The UK will continue to extradite its own citizens because they have not given notice that the nationality bar applies. “Indeed, this view continues the British approach that the nationality of an individual alone should not prevent extradition.” A Home Office spokesman said: ‘The UK has reached a comprehensive security agreement with the EU, which includes streamlined extradition arrangements. ‘Some EU member states have long had constitutional limits against the extradition of their own citizens to non-EU countries, which is why we have negotiated a specific agreement that allows offenders to face justice in a different way. , even where a country will not extradite. their own national. “It is the UK’s policy not to discriminate between UK nationals and others in extradition proceedings to ensure that individuals can be brought to justice.” In a separate development, the European Commission told EU member states that it opposes the British government entering the Lugano Convention. The Convention is a treaty that decides which court has jurisdiction in civil and commercial disputes across borders and ensures that judgments are applied across borders.