Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-01-13-Speech-2-249"

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"en.20040113.11.2-249"2
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". Mr President, honourable Members, on 23 June 2003 two agreements were signed between the European Union and the United States, regarding extradition and mutual assistance in criminal matters respectively. These agreements were negotiated by the Council Presidency, assisted at all times by the Commission, pursuant to Articles 38 and 24 of the Treaty. The extradition agreement does not contain any specific provision that gives the US the right to request the extradition by a Member State of a person having committed a crime in that Member State that is statute-barred by its legislation. Member States may, however, invoke grounds for refusal based on matters not covered by the agreement that may be applicable pursuant to bilateral treaties in force between a Member State and the US. This is provided for in Article 17 of the extradition agreement between the EU and the US. The same criterion applies to your second question; that is, when extradition by a Member State is requested of a person for a crime of which he has already been convicted by that Member State. Neither of the two agreements between the EU and the US has yet come into force, with some Member States having stated that they are obliged to abide by national constitutional procedure for such agreements to come into force and that written bilateral instruments are required between each Member State and the US for agreements to apply between the EU and the US. These complementary bilateral instruments are currently at the negotiation stage. Once all of the bilateral instruments have been agreed they will have to be ratified by the US Congress."@en1

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