About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


2018-04 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2018)

handle is hein.intyb/rcbjcofi0402 and id is 1 raw text is: ZCVRLA Reports of Cases OPINION OF ADVOCATE GENERAL BOT delivered on 21 November 2017' Case C-191/16 Romano Pisciotti V Bundesrepublik Deutschland (Request for a preliminary ruling from the Landgericht Berlin (Regional Court, Berlin, Germany)) (Reference for a preliminary ruling - Citizenship of the Union - Articles 18 and 21 TFEU - EU-USA Agreement on Extradition - Constitutional provision of a Member State prohibiting the extradition of its own nationals to third States - Different treatment of nationals of other Member States - Action for a declaration that the extradition to the United States of a national of another Member State constitutes a manifest breach of EU law rendering the Member State concerned liable) 1. This request for a preliminary ruling asks the Court to interpret Articles 18 and 21 TFEU in the context of extradition and provides it with an opportunity to clarify the scope of its judgment of 6 September 2016, Petruhhin.2 2. The Court will thus have to give a ruling on whether, in circumstances such as those of the dispute in the main proceedings, Articles 18 and 21 TFEU must be interpreted as meaning that they preclude a Member State which has received from a third State, pursuant to an extradition agreement between the EU and that State, a request for the extradition of a Union citizen who is a national of another Member State and who has moved to the requested Member State, from granting that request. In the submissions that follow, I shall propose, on the basis of the lessons learned from the judgment of 6 September 2016, Petruhhin,3 that the Court answer that question in the negative. 1 Original language: French. 2 C-182/15, EU:C:2016:630. 3 C-182/15, EU:C:2016:630. ECLJ:EU:C:2017:8781 EN I 1