Admissibility Decision of the Higher Regional Court

Function

The admissibility decision under Section 29 IRG is the core of the judicial extradition proceedings. The Higher Regional Court (Oberlandesgericht, OLG) rules by order on whether the extradition of the requested person is legally admissible. The decision is declaratory: it determines whether legal bars exist — the final decision on granting the extradition is taken by the granting authority in the granting procedure: depending on the case, the Federal Office of Justice (Bundesamt für Justiz, BfJ) or (in particular in European Arrest Warrant cases) the competent General Public Prosecutor's Office (Section 74 IRG in conjunction with the 2004 competence agreement).

Scope of review

The Higher Regional Court reviews all statutory requirements for and bars to extradition: dual criminality (Sections 3, 81 IRG), specific bars to extradition (Sections 6–9a IRG, supplemented by the requirements for the extradition documents and the rule of specialty, Sections 10, 11 IRG), conformity with fundamental rights (Article 3 ECHR, the EU Charter, Articles 1, 2, 16 of the Basic Law), and compliance with the relevant treaty instrument (European Convention on Extradition, bilateral treaty, EAW). The review is conducted on the basis of the case files; the Higher Regional Court may request supplementary information.

Binding effect

If the Higher Regional Court declares the extradition inadmissible, the granting procedure is concluded — an extradition is ruled out. If it declares the extradition admissible, the granting authority is bound by this finding; it may not refuse the extradition on grounds that the Higher Regional Court has already found not to exist. The granting authority may, however, refuse to grant the extradition on political or humanitarian grounds; in relations with EU Member States (European Arrest Warrant), only on the grounds set out in Section 83b IRG.

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