This paper deals with the extradition or the surrender, respectively, in regard to political offences committed within the EU area.The first part examines the traditional laws of extradition and attempts to describe, related terms. First, the relevant sources of law for Austria ?which, on the one hand, are based on public international law, on the other hand on national legislation, the substantial prerequisites and the proceedings for an extradition, are discussed. This is followed by a description of surrender procedures in an EU-context and the proceedings thereof within the area of the EU which has already replaced the multilateral traditional extraditional laws between the member states of the EU.The second part of the paper focuses on the history and the particularities regarding political offence. Since no definition for political crimes has been determined, neither in the majority of extradition treaties nor in the extradition laws as in the ARGH, and the classification of an offence is determined by every country for itself. Depending on the political system and balance of power in the respective state this has resulted in numerous theories, i.e. strongly varying legal regulations, thus, these have been closely examined and juxtaposed within the framework of this paper.Finally, the third part of the paper sheds a light on the extradition treaties in regard to procedure political offence. While it was considered an absolute impediment to extradition in the EuAlÜbk, the EuTerrÜbk in its Articles 1 and 2 lists some terrorist crimes (exhaustive) which, in future, will not be rated as political offence and thus, will be considered extraditable offences. The AuslÜbk-EU has already eliminated political offence as an impediment to extradition although it offers the opportunity to assert the right to reserve.Last but not least, the complete relinquishment of right regarding political offence as a cause for extradition in the RbEuHb, is discussed.