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Tag: EAW

Judgments

Rescission of in Italian absentia conviction in EAW proceeding (Cass. 9953/24)

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.

Judgments

Health risks legitimate EAW refusal (Constitutional court, 177823)

Health risks legitimate refusal in European arrest warrant proceedings.

Judgments

Ex officio check of detention conditions in EAW cases (Cass. 30578/23)

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.

Judgments

EPPO 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.

Judgments

Double 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.

Judgments

Unlawful 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. 

Judgments

EAW 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 Information

Professional 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?

Judgments

EAW 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. 

Judgments

EAW 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.

Judgments

Reticent 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.  

Judgments

Greek 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.

 

Judgments

EAW, furnishings and detention conditions in Greece (Cass.1317/23)

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

Judgments

EAW 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.

Judgments

Need 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.

Judgments

Generic 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.

Judgments

Greek 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 Information

Arrested for an European Arrest Warrant in Italy

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

Judgments

EPPO 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).

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

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

Is 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.

Judgments

Post 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.

Judgments

Europe 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 Information

Italian 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. 

Judgments

Does 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 Information

Schengen 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.

Judgments

Interpol 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. 

Judgments

SIS alert leads to arrest in Italy (ITA Supreme Court, 2018)
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.

Judgments

EU ne bis in idem bans extradition to third state (Cass. 54467/16)
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.

Judgments

Double 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. 

Judgments

Italian cumulation order, speciality principle and EAW (Cass. 734/11)
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…

Judgments

EAW, duoble criminality check considers time of facts (Cass.
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…