To ask Her Majesty's Government, further to the Written Answer by Baroness Williams of Trafford on 12 December (HL11886), how many EU member states currently have constitutional or legislative provisions which would prevent extradition under a European Arrest Warrant to a non-EU member state; and how many EU member states replaced the provisions of the European Convention on Extradition when the provisions of the European Arrest Warrant came into force.
7 January 2019
There is no precedent for a non-EU Member State to operate the European Arrest Warrant. It will be for Member States to determine how they implement their rights and obligations under the Withdrawal Agreement in the context of their domestic law. It would not be appropriate for the UK government to speculate publicly about individual Member States’ intentions in this regard.
After the entry into force of the European Arrest Warrant, all Member States of the European Union have remained parties to the European Convention on Extradition and continue to operate it with other Council of Europe members who are not Member States of the EU.