- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The European Union Extradition Regulations 2002 No. 419
Portugal declares that it will authorise extradition of Portuguese nationals from national territory only under the conditions laid down in the Constitution of the Portuguese Republic: (a) in cases of terrorism and international organised crime; and (b) for the purposes of prosecution, provided that the requesting State guarantees the extradited person’s return to Portugal, to serve the sentence or penalty imposed unless that person expresses his opposition by an explicit declaration. For the purposes of carrying out the sentence in Portugal, the procedures set out in the declaration made by Portugal in connection with the Council of Europe Convention on the Transfer of Sentenced Persons shall be observed.
Portugal declares that it is not necessary to obtain its consent to the re-extradition of a person to another Member State, if the person concerned has consented to be re-extradited to that State, in accordance with this Convention.
Portugal designates the Office of the Public Prosecutor of the Republic as the central authority within the meaning of Article 13(1).
Portugal declares that this Convention applies to its relations with Member States that have made the same declaration.
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