Tag: EAW
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 ItalyArrested 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 lawItalian 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 ItalyThe existence of a specific alert in the SIS II authorises an immediate arrest of the wanted person by the police in Italy.