Granting procedure (Sections 74–77 IRG)

Function

The granting procedure is the second phase after the admissibility decision of the Higher Regional Court (Oberlandesgericht, OLG). The Federal Office of Justice (Bundesamt für Justiz, BfJ) decides as the granting authority (Section 74 IRG) — it is a discretionary procedure within the executive branch.

Course of the procedure

The OLG declares the extradition admissible → the BfJ reviews political considerations in agreement with the Federal Foreign Office (Section 74(2) IRG) → granting with possible conditions (for example, a reservation as to the rule of specialty) → or refusal despite admissibility.

Significance for the defense

In the granting procedure, political and humanitarian considerations may be raised that the OLG was unable to take into account. The BfJ has discretion — it is not compelled to grant the request. A submission to the BfJ and the Federal Foreign Office can still avert the extradition.

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