Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

Transit from one Member State of the EU through Germany to another Member State of the EU or from a third state to a Member State of the EU is permissible if the transmitted documentation contains the following information: - the identity of the person pursued as specified in the Annex to the European Arrest Warrant Framework Decision and that person’s nationality, - the fact that a European Arrest Warrant or a document with corresponding legal effect or an enforceable judgment ordering deprivation of liberty issued by a competent agency in the requesting state and a description of the applicable statutory provisions have been submitted in respect of the offence (if there is a transit from a third state to a Member State, it must be notified that a request for extradition has been received). - the nature and legal assessment of the criminal offence and - the circumstances of the commission of the criminal offence, including the time and place of commission. The transit of German nationals for the purpose of prosecution is only permissible if the Member State to which they are to be extradited gives an assurance that they are to be returned at Germany’s request, after imposition of a final sentence of imprisonment or other sanction, for enforcement within the area of application of this Act. The transit of German nationals for the purpose of executing a sanction or a measure imposed is only permissible if the person concerned consents thereto.

Legal Framework

International legal framework applicable for this measure in your Member State

FD on the EAW (FD 2002/584/JHA, amended by FD 2009/299/JHA) which is implemented into German law in sections 78 - 83e of the Act on International Cooperation in Criminal Matters.

Competent Authority

* receive the request/decision for judicial cooperation

The Prosecutor General's Office. Local competence depends on the place where the person enters German territory.

Accepted languages

Accepted languages for the request/decision

German; Other languages are accepted, if the other Member State accepts EAWs in German issued by German authorities.

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

As far as the FD EAW appies, a decision on transit is, as a general rule, to be given within 30 days following receipt of the request.

Concise legal practical information

Special requirements

--

Last reviewed on 24 July 2022 by EJN Secretariat

NEXT MEASURE

  • Other measures (G.1 – G.5)
  • G.1 Execution of a supervision measure (pre-trial)
next

Export this Judicial Cooperation Measure

File format