Tag: EAW

Diplomatic assurances form Turkey are not enough when fundamental rights are at stake — extradition demands objective, reliable, and up-to-date evidence to rule out inhuman or degrading treatment.

It is up to the law of the Union to establish the levels of protection of fundamental rights, on the respect of which the legitimacy of the regulation of the European Arrest Warrant and its concrete execution at the national level are subordinate: a conviction without a defender does not constitute any violation of the inviolable right to defense, since the trial can be reopened (without a question of constitutional legitimacy to activate the so-called counter-limits).

Proportionality check is, in principle, the exclusive responsibility of the State issuing the EAW, not the executing State: the principle of proportionality, although codified in the legislation on the EIO does not modify the conditions of legitimacy of the EAW, except in very limited and well-defined cases.

Under Italian law, the order of pretrial detention in extradition proceedings has to be translated in writing for non Italian speaking defendants. 

European Arrest Warrant issued exclusively for the purpose of subjecting the person requested to surrender to acts of investigation (in this case, interrogations and confrontations) cannot be executed.

In the case of an extradition request from a third country of a citizen of an EU country who is in the European Union but outside the territory of the…

Surrender in European arrest warrant proceeding has to be rejected if fundamental rights are at risk and EAW is disproportionated. 

Hungarian EAW should be rejected for failure to respect fundamental rights regarding detention conditions, lack of language assistance, and violation of private and family life.

In an EAW proceeding, the request for rescission of the judgment for being tried in absentiaIn Italy needs to be filed within a thirty-day time limit for the knowledge of proceeding, not from the time when the convicted person had complete knowledge of the acts of the trial and the final judgment; in the event of particular complexity of the procedural matter, to the possibility for the same person to request the return within the time limit to exercise the right to extraordinary appeal.

Health risks legitimate refusal in European arrest warrant proceedings.

Court must check ex officio the possible violation of Article 3 ECHR for detention conditions in the issuing state in Wueriopea Arrest warrant proceedings, because it relates to the protection of the fundamental rights of the surrendered person as recognised by the Constitutional Charter and the European Convention on Human Rights, even in the absence of a specific defense argument.

EPPO intervention removes national optional refusal  ground when the requested person is already being prosecuted in the Executing State for the same act.

Recognition of foreign criminal judgment required under international judicial cooperation EAW and extradition requires that double incrimination exist at the time of the Italian surrender / extradition decision, not tempus commissi delicti.

Unlawful pretrial detention of non executed European arrest warrant in Italy has to be compensated wihout any assessment of merits of the merits of the case. 

In order to ensure a proportionate use of the trial-type European Arrest Warrant, it is necessary to consider the possible use of other judicial instruments available to the member states of the European Union and in particular I 'European Criminal Investigation Order (EIO). 

Wrong choice of Italian extradition lawyer can impact heavily on rights of the defendant: are there any remedies for professional misconducts?

When an European Arrest Warrant is refused by an Italian court due to Italian citizenship or EU residence  the judge has to  recognize the judgment of issuing state for the eonfrocemxet of the sentence in Italy. 

In European Union law, the European Arrest Warrant may not be issued exclusively for investigative purposes, which are detached from the prosecution in the requesting state, since alternative instruments of European cooperation in the common legal space - like European investigation order - are provided for the pursuit of legitimate investigative purposes.

Reticent and incomplete information about prison conditions  bans surrender in Cyprus investigative European Arrest warrant proceeding.  

Greek executive EAW rejected, Chania prison has inhumane and degrading conditions due to overcrowding.

 

Unlawful pretrail detention compensation in EAW.

Furnishing space has to be deducted form individual space in detention: EAW rejected.

Who is arrested in extradition proceedings that should have been treated as a European arrest warrant has to be released.

Poland's EAW for questioning defendant is legitimate under Italian law, and proportionality check for EIO is not necessary.

The executing judicial authority in European Arrest Warrant cases cannot rely on generic information of issuing authority.

EAW to Greece should be rejected despite supplementary information regarding detention conditions. 

 

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

The optional refusal to execute an EAW due to the pendency of criminal proceedings for the same facts cannot be validly opposed when the protective order issued in the context of proceedings involving crimes under the jurisdiction of the European Public Prosecutor's Office (EPPO).

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

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

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

Is right to health a new refusal ground of an EAW? Luxembourg will rule.

Arrest warrants from the UK are formally governed by the provisions of the Agreement on trade and cooperation.

International protection granted in Italy does not prevent EAW surrender to another EU country. 

Italian law implementing FD 584/2002 JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (updated Feb 2021). Unofficial translation. 

An Italian Court questions the constitutionality of Italian national EAW transposition law, since nor the Framework Decision neither the implementation Law 69/2005 set out a specific ground for refusal based on the lack of compliance with fundamental rights, in particular with regard to an infringement of the fundamental right to human health and right to be given appropriate therapies, particularly in the area of mental diseases.

The existence of a specific alert in the SIS II authorises an immediate arrest of the wanted person by the police in Italy.

Italian in absentia conviction cannot be justified with effective knowledge deriving an Interpol red notice arrest. 

Arrested in Italy for extradition or European arrest warrant? A guide with basic information about Italian law.

The law rules that the entry of a specific alert in the S. I. S. authorises an immediate arrest of the wanted person by the police.

Italy's supreme Court of Cassation in december 2016 with ruling No. 54467/16 has blocked the extradition to Turkey of a drugs trafficker because Turkey violates human rights.

Double criminality check in EAW proceeding: date of EAW matters, not date of commission. 

On the subject of jurisdictional relations with foreign authorities, if, following a European arrest warrant, the extradited person is to be subjected to the execution of concurrent sentences considered as…

If an EAW is issued and the facts were not criminally relevant at the time they have beeen committed in the executing state, EAW should be refused because of lack…