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I've tried to explain my thoughts regarding this in other comments to this essay, for example here:

The Charter of Fundamental Rights of the European Union, Article 20 says "everyone is equal before the law."

Now this does not seem to be the case for certain privileged states, such as Germany, within the EU. A citizen of a privileged state can commit crimes in one state and then escape to their the safe haven.

Personally, I do not understand how a justice system can work in the EU if extraditions are blocked. I think either EU member states trust the justice systems in their fellow EU states, or they don't.

If some states protect their citizens from prosecution by other states, when other states do not, how is this equality?

And here:

The Germans found no grounds in which they could prosecute, Darkazanli. Spain thought otherwise, but Germany decided that Spain would not allow their citizen to extradited to another EU state. The determination not to extradite was made by bureaucrats outside of the courtroom.

And while this is done to defend a state's citizens against "dead laws", I think it is a loophole that can be exploited. As an interested outsider, I would rather see the EU explicitly state what and what are not extraditable crimes, ruling out such "dead laws" as blasphemy, than leaving such a loophole in place.

Again this is a matter of perspective. My argument is based on what I see as working in the United States where one state will normally extradite a wanted person to another state. There is 'trust' that justice will be done between the states of the American union. Without the trust between EU states that another state will mete justice fairly and accordingly, then I do not see how the EU legal system can work well. But then, maybe that is the point.

America's prisons are full.

by Magnifico on Sat Dec 5th, 2009 at 03:40:42 PM EST
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