Interim Injunction in Extradition Law

Legal basis

The interim injunction under Section 32 BVerfGG is the instrument by which the Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) provisionally averts serious harm threatening a complainant. In extradition law it is regularly applied for when an extradition is imminent and a constitutional complaint is pending or is about to be filed.

Requirements

In the urgent proceedings the BVerfG examines whether, without the interim injunction, serious harm would occur that could no longer be remedied by a later decision on the merits. In doing so it carries out a summary balancing of consequences: what harm arises if the injunction is issued, and what harm arises if it is not? In extradition law, where a human-rights violation is threatened, the balance regularly comes out in favor of the applicant.

Filing the application

The application must be filed with the BVerfG in writing. It should set out the facts, the alleged violation of fundamental rights, and the urgency. A constitutional complaint that is filed at the same time or announced significantly increases the prospects of success. In cases of extreme urgency, the BVerfG can be contacted by telephone.

Effects

An interim injunction once issued requires the competent authority — generally the General Public Prosecutor's Office and the Federal Ministry of Justice — to suspend the extradition until the decision on the merits. Any breach would be unconstitutional. The injunction is regularly limited to a maximum period of six months and can be extended.

← Back to the glossary index