Riserve e dichiarazioni per trattato n°024 - Convenzione europea di estradizione

Natura della dichiarazione : Dichiarazioni, Denunce, Deroghe
Situazione in data del 18/10/2017

Germania

Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976 - Or. Engl.

Extradition of Germans from the Federal Republic of Germany to a foreign country is not permitted by virtue of Article 16, paragraph 2, first sentence, of the Basic Law for the Federal Republic of Germany and must, therefore, be refused in every case. The term "nationals" within the meaning of Article 6, paragraph 1 b., of the European Convention on Extradition covers all Germans within the meaning of Article 116, paragraph 1, of the Basic Law for the Federal Republic of Germany.
Periodo di efficacia: 01/01/1977 -
Articoli in questione : 6

Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976 - Or. Engl.

In a case of transit under Article 21 of the European Convention on Extradition Article 11 of the Convention will be applied mutatis mutandis.
Periodo di efficacia: 01/01/1977 -
Articoli in questione : 21

Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976 - Or. Engl.

Transit of a German through the territory of the Federal Republic of Germany is not permitted by virtue of Article 16, paragraph 2, first sentence, of the Basic Law for the Federal Republic of Germany and must, therefore, be refused in every case.
Periodo di efficacia: 01/01/1977 -
Articoli in questione : 21

Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976 - Or. Engl.

Where the request for extradition and the documents to be produced are not in the German language they must be accompanied by translations of the request and the documents into the German language or into one of the official languages of the Council of Europe.
Periodo di efficacia: 01/01/1977 -
Articoli in questione : 23

Declaration contained in a Note Verbale from the Permanent Representation of Germany, dated 17 August 2004, registered at the Secretariat General on 18 August 2004 - Or. Fr./Ger.

In accordance with Article 28, paragraph 3, of the European Convention on Extradition, the Federal Government declares that the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States has been implemented in German law by the Law of 21 July 2004 on the European arrest warrant and the surrender procedures between Member States of the European Union (Law on the European arrest warrant – EuHbG). The Law will come into force on 23 August 2004.

From this date the dispositions on the the European arrest warrant replace the corresponding dispositions of the European Convention on Extradition of 13 December 1957 and its two Protocols of 15 October 1975 and 17 March 1978 in the mutual relationship between Germany and the other Member States of the European Union. Nevertheless, the treaties mentioned hereabove still apply subsidiarily, to the extent that they offer the possibility to go beyond the objectives of the European arrest warrant, contribute to simplify or facilite the procedures and to the extent that the Member state concerned also continues to apply them. The same applies to bilateral agreements concluded by the Federal Republic of Germany with different Member States of the European Union.

[Note by the Secretariat: See also the Declaration from the Permanent Representation of Germany, dated 8 November 2010, registered at the Secretariat General on 9 November 2010 - Or. Engl.]
Periodo di efficacia: 23/08/2004 -
Articoli in questione : 28

Declaration contained in a Note Verbale from the Permanent Representation of Germany, dated 8 November 2010, registered at the Secretariat General on 9 November 2010 - Or. Engl.

By way of supplementation of the Declaration made on 17 August 2004 in accordance with Article 28, paragraph 3 of the European Convention on Extradition, the Federal Government declares that the Act to Implement the Framework Decision on the European arrest warrant and the surrender procedures between Member States (Act on the European arrest warrant – EuHbG) has been reworded in the form of the Act of 20 July 2006 following a decision given by the Federal Constitutional Court on 18 July 2005. The new Act entered into force on 2 August 2006.

By way of amendment of the Declaration of 17 August 2004, the Federal Government declares that, as from 23 August 2004, the provisions concerning the European arrest warrant shall supersede the corresponding provisions in the European Convention on Extradition of 13 December 1957 and its two Protocols of 15 October 1975 and 17 March 1978 in the mutual relationship between Germany and the other Member States of the European Union. They shall be applicable in the relationship with another Member State of the European Union only if the Framework Decision is not applicable. The same apply to bilateral agreements concluded by the Federal Republic of Germany with individual Member States.
Periodo di efficacia: 09/11/2010 -
Articoli in questione : 28


Fonte: Ufficio dei Trattati, http://conventions.coe.int - * Disclaimer.