The Netherlands has, in the light of assistance in criminal matters, concluded treaties for the extradition of suspects and fugitive convicts with several states. The treaties can bi- as well as multilateral. With some countries the Netherlands has both bi- and multilateral treaties at the same time. In those cases, most of the time the multilateral one is the most novel[ clarification needed ], and thus is the one applied. There are countries with which the Netherlands has a classic[ clarification needed ] extradition treaty and countries which fall, together with the Netherlands, under the system of the European Arrest Warrant. Some countries do not extradite their own nationals. The Netherlands does. Moreover, it even does not require reciprocity on the matter. The Netherlands will, however, not extradite when there is a chance the extraditee will be sentenced to death.
There are two régimes under which individuals can be surrendered to another state to stand trial or to undergo their sentence:
1. The régime of surrendering under the European Arrest Warrant. This régime is exclusively applicable within the European Union and with Iceland, Norway and the United Kingdom. This system is based on Council Framework Decision 2002/584/JHA . The Netherlands has implemented this decision the Overleveringswet (Surrendering Act).
2. The régime of extradition is used for all other countries. In the Netherlands, extradition is exclusively possible if there is a treaty with the requesting country. The execution of the treaties is governed by the Uitleveringswet (Extradition Act).
There are, roughly speaking, four types of establishing dual criminality:
1. The enumeration system - In this system, the crimes which can lead to extradition are explicitly listed in the treaty. Dual criminality is however required. [1]
2. The elimination system - In this system, there is no list. Dual criminality is established if the crime is punishable in both countries and is threatened with a minimum maximum penalty in both countries. [2] The minimum maximum penalty is established in the treaty concerned. In case of extradition for execution, the treaty provides a minimum remaining term of sentence which still had to be served.[ citation needed ]
3. The combination system - These are treaties with a list and a minimum maximum sentence. [3] If the extradition cannot take place because the maximum penalty in one of the countries does not fulfill the minimum established in the treaty, extradition can still happen if the crime is listed in the treaty.[ citation needed ]
4. All the above systems have the requirement that the crime must be punishable in both countries. Type number 4, the European Arrest Warrant (EAW), does not always have that requirement.[ citation needed ] Requests from other EU member states are treated like the above mentioned combination system, with the exception for dual punishability. This is not required for crimes on the list.[ citation needed ]
Country | System | Treaty type | Extradition of Dutch nationals | Extradition of nationals to the Netherlands | Remarks |
---|---|---|---|---|---|
Albania [4] | Elimination | Multilateral | Probably | No | European Convention on Extradition |
Andorra [5] | Elimination | Multilateral | Yes | No | European Convention on Extradition |
Argentina [6] | Enumeration | Bilateral | No | No | Treaty between the Kingdom of the Netherlands and the Argentine Republic for the mutual extradition of criminals, signed in Buenos Aires on 7 September 1893 |
Armenia [7] | Elimination | Multilateral | Probably | No | European Convention on Extradition |
Australia [8] | Elimination | Bilateral | Yes | Probably | Treaty between Australia and the Kingdom of the Netherlands on Mutual Assistance in Criminal Matters, signed in Canberra on 26 October 1988 |
Austria [9] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Azerbaijan [10] | Elimination | Multilateral | Probably | No | European Convention on Extradition |
Bahamas [11] | Enumeration | Continuation | Probably | Unknown | Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898 |
Belgium [12] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Bosnia and Herzegovina [13] | Elimination | Multilateral | Probably | Unknown | European Convention on Extradition |
Bulgaria [14] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Canada [15] | Elimination | Bilateral | Yes | Yes | Treaty Between Canada and the Kingdom of the Netherlands on Extradition, signed in Montréal in 13 October 1989 |
Croatia [16] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Cyprus [17] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Czech Republic [18] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Denmark [19] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Estonia [20] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Finland [21] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
France [22] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Georgia [23] | Elimination | Multilateral | Yes | Yes | European Convention on Extradition |
Germany [24] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Greece [25] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Hong Kong [26] | Enumeration | Bilateral | No | Probably not | Agreement between the Government of the Kingdom of the Netherlands and the Government of the Hong Kong Special Administrative Region of the People's Republic of China concerning mutual legal assistance in criminal matters, signed in Hong Kong 26 August 2002; Suspended since 21 October 2020 [27] |
Hungary [28] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Iceland [29] | EAW | Multilateral | Yes | Yes | Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, signed in Vienna on 28 June 2006 |
India [30] | Enumeration | Continuation | Probably | No | Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898 |
Ireland [31] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Israel [32] | Elimination | Multilateral | Yes | Yes | European Convention on Extradition |
Italy [33] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Kenya [34] | Enumeration | Continuation | No | Unknown | Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898 |
Latvia [35] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Liberia [36] | Enumeration | Bilateral | No | No | Agreement between the Kingdom of the Netherlands and the Republic Liberia for governing the mutual extradition of criminals, signed in The Hague on 2 February 1895 |
Liechtenstein [37] | Elimination | Multilateral | Yes | No | European Convention on Extradition |
Lithuania [38] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Luxembourg [39] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Malawi [40] | Enumeration | Continuation | No | Unknown | Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898 |
Malta [41] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Mexico [42] | Elimination | Bilateral | No | No | Extradition treaty between the Kingdom of the Netherlands and Mexico, signed 16 December 1907 in Mexico DF |
Moldova [43] | Elimination | Multilateral | Yes | No | European Convention on Extradition |
Monaco [44] | Elimination | Multilateral | Unknown | Unknown | European Convention on Extradition |
Montenegro [45] | Elimination | Multilateral | Yes | No | European Convention on Extradition |
Morocco [46] | Elimination | Bilateral | No | No | Treaty Between the Kingdom of the Netherlands and the Kingdom of Morocco on Extradition, signed in Rabat on 18 December 2023; Not yet into force; A death penalty will, by virtue of the treaty, automatically be converted to the maximum penalty of the requesting party; If the extradition of a national is refused, the refusing state must take over the prosecution. |
New Zealand [47] | Enumeration | Continuation | No | Unknown | Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898 |
North Macedonia [48] | Elimination | Multilateral | Yes | No | European Convention on Extradition |
Norway [49] | EAW | Multilateral | Yes | Yes | Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, signed in Vienna on 28 June 2006 |
Pakistan [50] | Enumeration | Continuation | No | No | Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898 |
Poland [51] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Portugal [52] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Romania [53] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Russia [54] | Elimination | Multilateral | Probably | No | European Convention on Extradition |
San Marino [55] | Elimination | Multilateral | Yes | No | European Convention on Extradition |
Serbia [56] | Elimination | Multilateral | Yes | Probably not | European Convention on Extradition |
Slovakia [57] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Slovenia [58] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
South Africa [59] | Elimination | Multilateral | No | Unknown | European Convention on Extradition |
South Korea [60] | Elimination | Multilateral | Yes | Unknown | European Convention on Extradition |
Spain [61] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Surinam [62] | Elimination | Bilateral | No | No | Agreement between the Kingdom of the Netherlands and the Republic of Surinam on the extradition and assistance in criminal matters, signed in The Hague on 27 August 1976 |
Sweden [63] | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
Switzerland [64] | Elimination | Multilateral | Yes | Unknown | European Convention on Extradition |
Tanzania [65] | Enumeration | Continuation | No | Unknown | Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898 |
Trinidad and Tobago [66] | Elimination | Bilateral | Yes | Yes | Treaty between the Kingdom of the Netherlands and Trinidad and Tobago on extradition, signed in Port of Spain on 7th Februari 2003; Not ratified, but provisionally in effect. |
Turkey [67] | Elimination | Multilateral | Yes | No | European Convention on Extradition |
Uganda [68] | Enumeration | Continuation | No | Unknown | Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898 |
Ukraine [69] | Elimination | Multilateral | Yes | No | European Convention on Extradition |
United Arab Emirates [70] | Elimination | Bilateral | No | Probably not | Agreement between the Kingdom of the Netherlands and the United Arab Emirates on extradition, signed in Abu Dhabi on 29 August 2021; Execution of a death sentence or corporal punishment is a ground for refusal; if the extradition of a national is refused, the refusing state must take over the prosecution. |
United Kingdom [71] | EAW | Multilateral | Yes | Yes | Trade and cooperation agreement between the European Union and the European Atomic Energy Community, on the one part, and the United Kingdom of Great Britain and Northern Ireland, on the other part, signed in Brussels 30 December 2020 (Part III) |
United States [72] | Combination | Bilateral | Yes | Yes | Extradition treaty between the Kingdom of the Netherlands and the United States of America, signed in The Hague on 24 June 1980; Execution of a death sentence is a ground for refusal |
In an extradition, one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions, and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction.
The Dutch Language Union is an international regulatory institution that governs issues regarding the Dutch language. It is best known for its spelling reforms which are promulgated by member states, grammar books, the Green Booklet and its support of Dutch language courses and studies worldwide. It was founded on a treaty concluded between the Netherlands and Belgium on 9 September 1980. Suriname has been an associate member of the Taalunie since 2004.
The European Union Agency for Criminal Justice Cooperation (Eurojust) is an agency of the European Union (EU) dealing with judicial co-operation in criminal matters among agencies of the member states. It is seated in The Hague, Netherlands. Established in 2002, it was created to improve handling of serious cross-border and organised crime by stimulating investigative and prosecutorial co-ordination.
The European Arrest Warrant (EAW) is an arrest warrant valid throughout all member states of the European Union (EU). Once issued, it requires another member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on trial or complete a detention period. It is a simplified cross-border judicial surrender method, and has replaced the lengthy extradition procedures that used to exist between member states. The EAW has been in force since 1 January 2004 in all Member States.
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA). It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments.
A framework decision was a kind of legislative act of the European Union used exclusively within the EU's competences in police and judicial co-operation in criminal justice matters. Framework decisions were similar to directives in that they required member states to achieve particular results without dictating the means of achieving that result. However unlike directives, framework decisions were not capable of direct effect, they were only subject to the optional jurisdiction of the European Court of Justice and enforcement proceedings could not be taken by the European Commission for any failure to transpose a framework decision into domestic law.
The Prüm Convention is a law enforcement treaty which was signed on 27 May 2005 by Austria, Belgium, France, Germany, Luxembourg, the Netherlands and Spain in the town of Prüm in Germany, and which is open to all members of the European Union, 14 of which are currently parties.
Double criminality, or dual criminality, is a requirement in the extradition law and international prisoner transfers of many countries. It states that a suspect can be extradited from one country to stand trial for breaking a second country's law only if a similar law exists in the extraditing country, and that any crime in any sentencing country must also be a crime in any other country to receive any internationally transferred prisoners.
The Charter for the Kingdom of the Netherlands is a legal instrument that sets out the political relationship among the four countries that constitute the Kingdom of the Netherlands: Aruba, Curaçao, Sint Maarten in the Caribbean and the Netherlands in Europe. It is the leading legal document of the Kingdom. The Constitution of the Netherlands and the Basic Laws of the three other countries are legally subordinate to the Charter.
Extradition law in Australia permits the formal process by which a fugitive found outside a jurisdiction is surrendered to the jurisdiction where an alleged offence has taken place for trial or punishment. This may include a process done within the country or one between Australia and another country.
The Kingdom of the Netherlands, commonly known simply as the Netherlands, is a sovereign state consisting of a collection of constituent territories united under the monarch of the Netherlands, who functions as head of state. The realm is not a federation; it is a unitary monarchy with its largest subdivision, the eponymous Netherlands, predominantly located in Northwestern Europe and with several smaller island territories located in the Caribbean.
The Franco-Dutch treaty on Saint Martin border controls, sometimes shortened to the Franco-Dutch treaty and in full the Treaty between the Kingdom of the Netherlands and the French Republic on the control of persons entering Saint Martin through the airports, is a treaty between France and the Netherlands aimed at improving border controls at the two airports on the divided island of Saint Martin. The island is divided into French Saint-Martin and Dutch Sint Maarten.
The area of freedom, security and justice (AFSJ) of the European Union (EU) is a policy domain concerning home affairs and migration, justice as well as fundamental rights, developed to address the challenges posed to internal security by collateral effects of the free movement of people and goods in the absence of border controls or customs inspection throughout the Schengen Area, as well as to safeguard adherence to the common European values through ensuring that the fundamental rights of people are respected across the EU.
The Convention on the association of the Netherlands Antilles with the European Economic Community is an international agreement amending the Treaty establishing the European Economic Community, with the aim of awarding OCT status to the Netherlands Antilles, which was a constituent country of the Kingdom of the Netherlands from 1954 until 2010. A full treaty revision was needed because Belgium, France, Germany, Italy, and Luxembourg wanted to add a protocol on the import of refined petroleum products from the Netherlands Antilles.
European route E 233 is a west—east European Class-B road part of the International E-road network, running from Hoogeveen in the Netherlands to Cloppenburg in Germany, passing by the Dutch city of Emmen and the German city of Meppen. The road runs concurrently with four other roads over its course, first with the Dutch A37 from its western terminus to the German border, then with the German B402 up to Haselünne, from there on it follows B213 up to northern Cloppenburg, and on the last 2 kilometres (1.2 mi) of the B213 concurrency it also runs concurrent with B72, which it then follows up to its eastern terminus at the A1, which is also part of E 37. The road has a total length of 132 kilometres (82 mi), of which 41 kilometres (25 mi) in the Netherlands and 91 kilometres (57 mi) in Germany.
The Extradition Act 2003 is an act of the Parliament of the United Kingdom which regulates extradition requests by and to the United Kingdom. The Act came into force on 1 January 2004. It transposed the European Arrest Warrant framework decision into British law and implemented the UK side of the controversial UK–US extradition treaty of 2003 before the treaty came into force in April 2007 after being ratified by the United States Senate in 2006.
The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification of every single signatory.
MJELR v Rettinger[2010] IESC 45, [2010] 3 IR 783, was a case in which the Irish Supreme Court ruled that to resist the application of a European Arrest Warrant on the basis that it would result in treatment contrary to Article 3 of the European Convention on Human Rights (ECHR), the wanted individual must offer substantial grounds to believe that he or she would be exposed to a real risk of such treatment.
Minister for Justice, Equality and Law Reform v Murphy, [2010] IESC 17; [2010] 3 IR 77, is an Irish Supreme Court case in which the Court determined that inpatient treatment with a restriction order attached to it in a European Arrest Warrant came within the meaning of "detention order" in s.10(d) of the European Warrant Act 2003. This gave the definition of "detention order" a wide meaning. The case involved an appeal against extradition to the United Kingdom.
Netherlands–Sweden relations are the bilateral relations between Sweden and the Netherlands. Both countries are full members of the Council of Europe, NATO and the European Union. The Netherlands has an embassy in Stockholm, while Sweden has an embassy in The Hague. the Netherlands strongly supported Sweden's NATO membership during the latter's accession process.