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 Federal Office of Justice (Bundesamt für Justiz, BfJ) in the granting procedure.

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 6–16 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 Federal Office of Justice 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 Federal Office of Justice may, however, refuse to grant the extradition on political or humanitarian grounds.

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