Extradition between Germany and the United Kingdom after Brexit

When it comes to extradition, the nationality of the person concerned is particularly important. Germany does not extradite German citizens to third countries. Since Brexit, the United Kingdom has also had the status of a “third country”. According to the Federal Ministry of Justice, German citizens may only be extradited to other EU states and therefore no longer to the United Kingdom in accordance with Article 16 of the Basic Law. However, suspected criminals who are third country nationals will continue to be extradited to the UK under the extradition rules now in force. With regard to Union citizens, the same provisions apply that generally apply to the extradition of Union citizens to third countries. You can find more information regarding the extradition of Union citizens here.

The Federal Republic of Germany is not the only country to take this step and no longer extradite its own citizens to Great Britain. Other countries have also already explained to the European Commission that continuing the current regulations after Brexit would violate their respective constitutions. In general, countries are reluctant to extradite their own nationals, as the Carlos Ghosn extradition case shows. Other EU countries have national laws similar to Germany that prevent their own nationals from being extradited to non-EU member states.

The United Kingdom then stated that it expected the Member States concerned to carry out the respective criminal proceedings themselves.

German law only prevents the state from extradition of its own nationals to third countries, but not from taking over the procedure itself. Accordingly, German citizens could face criminal proceedings in Germany instead of being extradited to the United Kingdom.