Binding effect of granting refugee status and material limits of extradition: recent responses from the CJEU

Abstract

This work was conceived for presentation at the II International Symposium on Human Rights and Citizenship, held at Universidade Portucalense in July 2025. Its central question sought to determine whether the granting of refugee status by one Member State would produce binding effects in another Member State when the latter had been confronted with an extradition request submitted by a third State. By demonstrating that extradition is also subject to the absolute respect for the principle of non-refoulement, it was clarified that the requested State is required to carry out an autonomous, current, and individual assessment of the serious risk that the person concerned may be subjected to persecution and the death penalty, torture, or other inhuman or degrading treatment or punishment—leading to the conclusion that, under the current normative framework of the Union, there is no principle of mutual recognition of positive asylum decisions.