UDK 341.44(4-672EU)
Biblid: 1451-3188, 14 (2015)
Vol. 15, No 52-53, str. 76-98

Izvorni naučni rad
Primljeno: 01 Jan 1970
Prihvaćeno: 01 Jan 1970


Radić Žarko (Јавно предузеће „Пословни простор Врачар” Београд), zarkoradic@yahoo.com

For centuries the speciality rule is one of the basic principles of the law on extradition, whether its sources are in the international law or internal laws of many countries and its effects contribute to the protection of human rights of a person being extradited. By using dogmatic, normative, comparative legal and historical legal method, the author examines the modern development of the speciality rule under the auspices of the European Union or the Council of Europe. Finally, he concludes that the narrowing of application of this rule, which has been made by the Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the Surrender Procedures between Member States (2002/584/JHA, 2009/299/JHA) and the Third and Fourth Additional Protocol to the European Convention on Extradition, is in accordance with modern developments in international criminal law. However, the author also believes that such narrowing imposes an additional obligation to the authorities that participate in the process of extradition or surrender of a requested person, to act very cautiously and conscientiously, so as not to violate the human rights of the requested person.

Ključne reči: Extradition, surrender of the requested person, rule of specialty, human rights, Council of Europe, European Union