JudgmentsHealth risks legitimate EAW refusal (Constitutional court, 177823)
Health risks legitimate refusal in European arrest warrant proceedings.
JudgmentsEPPO overrules jurisdiction refusal ground in EAW (Cass. 23941/23)
EPPO intervention removes national optional refusal ground when the requested person is already being prosecuted in the Executing State for the same act.
JudgmentsDouble criminality in extradition procedures at the time of decision not of facts (Cass. 23940/23)
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.
JudgmentsUnlawful EAW pretrial detention has to be compensated (Cass. 20255/23)
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.
JudgmentsEAW refused: lack of proportionality (Milan Court, May 2023)
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).
Useful InformationProfessional misconduct of defense attorney in international criminal cooperation: remedies?
Wrong choice of Italian extradition lawyer can impact heavily on rights of the defendant: are there any remedies for professional misconducts?
JudgmentsEAW refusal of citizen: judgment to be enforced in Italy (Cass. March 2023)
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.
JudgmentsEAW cannot be used for investigative purposes (Cass. 7861/23)
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.
JudgmentsReticent information bans EAW surrender to Cyprus (Trento Court, /1/23)
Reticent and incomplete information about prison conditions bans surrender in Cyprus investigative European Arrest warrant proceeding.
JudgmentsGreek executive EAW rejected, Chania has inhuman detention conditions (Trento Appellate Court, 2/23)
Greek executive EAW rejected, Chania prison has inhumane and degrading conditions due to overcrowding.
JudgmentsUnlawful detention in European Arrest Warrant case in Italy: compensation granted (Cass. 1422/23)
Unlawful pretrail detention compensation in EAW.
JudgmentsEAW, furnishings and detention conditions in Greece (Cass.1317/23)
Furnishing space has to be deducted form individual space in detention: EAW rejected.
JudgmentsEAW rules prevail on extradition rules in EU member states (Trento appellate court, 30.12.20022)
Who is arrested in extradition proceedings that should have been treated as a European arrest warrant has to be released.
JudgmentsNeed for questioning allows European Arrest warrant (Cass. 46577/22)
Poland's EAW for questioning defendant is legitimate under Italian law, and proportionality check for EIO is not necessary.
JudgmentsGeneric supplementary information in EAW proceeding? (Cass. 44015/22)
The executing judicial authority in European Arrest Warrant cases cannot rely on generic information of issuing authority.
JudgmentsGreek EAW supplementary information are insufficient to ensure human dignity (Bologna Court, 32/22)
EAW to Greece should be rejected despite supplementary information regarding detention conditions.
Useful InformationArrested for an European Arrest Warrant in Italy
Arrested in Italy for an European Arrest Warrant: information and defense.
JudgmentsEPPO coordination prevents EAW denial due to pendency of domestic proceedings (Cass. 16561/22)
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).
JudgmentsEPPO 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.
JudgmentsProportionality 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.
JudgmentsProtection 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.
JudgmentsIs right to health a new EAW refusal ground? (Corte Costituzionale, 216/21)
Is right to health a new refusal ground of an EAW? Luxembourg will rule.
JudgmentsPost Brexit extradition arrangments: the Italian way (It. Supreme Court, 34466/21)
Arrest warrants from the UK are formally governed by the provisions of the Agreement on trade and cooperation.
JudgmentsEurope has common asylum standard: EAW for refugee (Cass. 9821/21)
International protection granted in Italy does not prevent EAW surrender to another EU country.
Useful InformationItalian European Arrest Warrant implementation law
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.
JudgmentsDoes EAW respect right to health? Italian Constitutional Court will rule (Court Appeal Milan, Jan 2021)
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.
Useful InformationSchengen Information System and European Arrest warrant in Italy
The existence of a specific alert in the SIS II authorises an immediate arrest of the wanted person by the police in Italy.
JudgmentsInterpol red notice arrest doesn't give effective knowledge of trial (Cass. 37132/19)
Italian in absentia conviction cannot be justified with effective knowledge deriving an Interpol red notice arrest.
JudgmentsSIS alert leads to arrest in Italy (ITA Supreme Court, 2018)
JudgmentsEU ne bis in idem bans extradition to third state (Cass. 54467/16)
JudgmentsDouble criminality check at the time of issuing EAW (Cass., 40110/12)
Double criminality check in EAW proceeding: date of EAW matters, not date of commission.