French Supreme Court Clarifies Judicial Review of the Specialty Principle in Extradition Cases
For those interested in comparative criminal law, here's an interesting recent ruling from France's highest court (Cour de cassation).
On July 9, 2025, the Criminal Chamber ruled on a constitutional challenge regarding the "specialty principle" in extradition - the fundamental rule that a surrendered person can only be prosecuted for the specific offenses covered by the extradition order.
The defendant argued that the first-instance judge (juge des libertés et de la détention) lacked the power to properly verify compliance with this principle, violating constitutional protections of individual liberty.
The Court rejected this argument, holding that the appeals chamber can conduct full review under the "effet dévolutif" (devolutive effect), ordering any necessary investigation measures. The two-tier judicial review satisfies Article 66 of the French Constitution.
Key takeaway: France's system provides robust judicial oversight at both levels when someone challenges their detention based on specialty principle violations.
Full analysis (in French): https://kohenavocats.com/chambre-criminelle-de-la-cour-de-cassation-le-9-juillet-2025-n25-83-184/
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