Die prozessualen Rechte des Verfolgten im Auslieferungsverfahren nach dem Zweiten Teil des IRG

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Abstract In the aftermath of the former Catalan president Carles Puigdemont’s arrest by the German authorities in March 2018, the German and European public’s attention suddenly focused on Germany’s extradition procedure. The procedural rights of the person subject to extradition in German court and administrative proceedings had already been a controversial issue in jurisprudence for many years. Following a portrayal of the different legal sources and the course of the extradition procedure, this book analyses the status quo of the procedural rights of the person to be extradited, especially with regard to any potential legal remedies against the decision to extradite. In addition, it examines questions concerning the obligation to present arguments and burden of proof, the right to legal counsel, the right to access files and the link between the laws on asylum and extradition. The book concludes with specific proposals as to how German legislators can reform the law on international mutual assistance in criminal matters in the future.