Results before the Federal Constitutional Court
Last updated: June 2026
In five decisions the Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) ruled in favor of my clients — extraditions to Russia and Romania were stopped, or the challenged decisions of the Higher Regional Courts (Oberlandesgerichte, OLG) were set aside. The decisions are publicly available; here they are anonymized, each with the official case number as evidence.
Five successful Constitutional Court decisions
The focus of my constitutional complaints in extradition law: the threat of detention conditions incompatible with human dignity (Article 4 of the EU Charter / Article 3 ECHR) and political persecution — pursued to the last instance, the Federal Constitutional Court.
Extradition of a complainant of Chechen origin to Russia for criminal prosecution. Grounds raised: the threat of political persecution and deficits in effective legal protection.
→ Constitutional complaint successful: the OLG's admissibility decision was set aside (Article 19(4) Basic Law) and the matter referred back.
Extradition for the enforcement of a sentence on the basis of a European Arrest Warrant. Grounds raised: the threat of detention conditions below the minimum standard required by EU fundamental rights (cell size).
→ Constitutional complaint successful: extradition stopped on grounds of Article 4 of the EU Charter / Article 3 ECHR.
The threat of placement in a shared cell with only around 2 m² of personal floor space — a possible violation of human dignity (Article 1(1) Basic Law), linked to the question of a referral to the European Court of Justice (ECJ).
→ Interim injunction: surrender to the Romanian authorities prohibited.
A further extradition for the enforcement of a sentence (European Arrest Warrant). Here too, the detention conditions to be expected in the target state were at the center of attention.
→ Interim injunction (Section 32 BVerfGG): surrender provisionally prohibited.
Extradition to Russia for criminal prosecution. In the urgent proceedings the execution of the surrender was stopped; the State of Schleswig-Holstein had to reimburse the complainant's necessary expenses.
→ Interim injunction: surrender prohibited; reimbursement of expenses by the State.
The proceedings presented here are anonymized; the underlying decisions of the Federal Constitutional Court are officially published and can be retrieved under the respective case number. Results in individual proceedings allow no conclusions to be drawn about the outcome of future proceedings — each case is assessed individually. An interim injunction safeguards the proceedings; it is not a final decision on the merits.
Even the last instance is an option
There is no ordinary appeal against the admissibility decision of the Higher Regional Court — but there is the constitutional complaint to the Federal Constitutional Court, often combined with an urgent application that stops the execution. What matters is preparing all objections early and on solid ground. That is exactly what my defense is geared toward.
Learn more: Stopping an Extradition · European Arrest Warrant · Glossary: Constitutional complaint · About
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