Interim ban on extradition to Hungary based on constitutional complaint for alleged fundamental rights risk

In a temporary restraining order, the Federal Constitutional Court (Second Senate, Second Chamber) granted the applicant's request, ordering that the handover of a Serbian national to Hungarian authorities for criminal prosecution be temporarily suspended for up to six weeks, while explicitly stating that the execution of the existing extradition arrest warrant remained unaffected. The case involved a constitutional complaint challenging the imminent extradition of the applicant to Hungary, where he faced criminal charges, under the applicable treaty and EU framework instruments. The decisive legal basis was the court's power to issue provisional measures under § 32(5) Sentence 1 of the Federal Constitutional Court Act (BVerfGG), which allowed it to issue an immediate order without detailed reasoning to prevent imminent violation of fundamental rights pending the final decision on the merits.