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Firm profile


Italian in absentia conviction infringes human dignity (BVerfG 2735/15)

15 December 2015, Bundesverfassungsgericht

The Italian rules governing the retrial of in absentia convictions do not respect human dignity.

The fact that the principle of mutual trust does not apply without limits even according to Union law also signifies that the national judicial authorities, upon relevant indications, are authorised, and under an obligation, to review whether the requirements under the rule of law have been complied with, even if the European arrest warrant formally meets the requirements of the Framework Decision.

Also under a Union law perspective, an effective judicial review presupposes that the court that decides about the extradition is able to conduct the relevant investigations as long as the extradition system established by the Framework Decision remains effective in practice. As a consequence, the requirements under Union law with regard to the execution of a European arrest warrant are not beneath those that are required by Art. 1 sec. 1 GG as minimum guarantees of the rights of the accused.