Article 16(2) of the Basic Law — Protection of German Nationals

Principle

Article 16(2) of the Basic Law (Grundgesetz, GG) provides: “No German may be extradited to a foreign country.” This protection is a fundamental right and applies to all German nationals, regardless of the alleged offense or the requesting state.

Exception: EU Member States (Section 80 IRG)

Since the 2000 amendment to the Basic Law (Article 16(2), second sentence, GG), exceptions for EU Member States are possible, provided that the principles of the rule of law are preserved. Section 80 IRG implements this: for the purpose of criminal prosecution, extradition is admissible only if the offense has a substantial connection abroad. For the enforcement of a sentence, only with consent — or, as an alternative: enforcement of the sentence in Germany.

Strategic significance

For German nationals, Article 16(2) GG offers considerable defense potential: contesting the connection abroad, applying for enforcement of the sentence in Germany, or a constitutional complaint where the review by the Higher Regional Court (Oberlandesgericht, OLG) is inadequate.

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