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Judgments

Diplomatic assurances allow extradition to Moldova (Cass. 32430/22)

Moldovian diplomatic assurances allow extradition even if there are negative CPT reports.

Judgments

Extradition to US of an EU citizen (Cass. 31287/22)

On extradition of an EU citizen to a third state (U.S.), the principles set forth in the CJEU Petruhhin, Pisciotti, and BY rulings should be applied by Italian courts, informing the state of EU citizenship, and - if necessary - verifying compatibility of detention conditions with right to health and right to treatment respectful of Article 3 of the EDU Convention.

Useful Information

Arrested for an European Arrest Warrant in Italy

Arrested in Italy for an European Arrest Warrant: information and defense.

Judgments

Diplomatic assurances and consequences of Russian withdrawal of ECHR (Cass. 18044/22)

Consequences of the cessation of membership of the Russian Federation to the Council of Europe in Italian extradition proceedings. 

Judgments

EPPO evocation bans optional refusal ground of an EAW for pending criminal proceeding (Cass., 16561/22)

Evocation by EPPO bans EAW optional refusal ground of criminal investigation in the executing state. 

Judgments

Opposing deportation to Lybia is not a crime: the Vos Thalassa case (Cass. 15869/22)
 Rescue operations at sea which result in the return of survivors to Libya constitute a breach of the principle of non-refoulement and violate the rights of the people rescued who...

Judgments

Proportionality check in Polish EAW case (ITA Supreme Court 14937/22)

Plish EAW, fair trial is granted if there is no evidence of individual risk, but prportionality has to be checked.

Judgments

Protection of childhood in EAW: request for preliminary ruling (ITA Supreme Court, 15143/22)

Does  the EAW proceeding against a mother respect children and childhood? Preliminary ruling to Kirchberg.

Judgments

Diplomatic assurances from Russia have to be stronger in times of war (Cass., 10656/22)

In times of war between russia and Ukraine, diplomatic assurances from Russia have to be particularly verified.

Judgments

Extradition, refugee status and subsidiary protection (Cass. 9682/22)

Administrative decision about refugee status is not binding in extradition proceedings, but its reasoning has to be taken into account. 

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